by holdthefrontpage staff
A trainee reporter who took on four barristers has won a key legal victory.
Claire Truscott (pictured), who works at The Argus in Brighton, persuaded
magistrates that newspapers should not have to bear the cost of legal
challenges to court orders restricting reporting.
When The Argus was unable to overturn a Section 39 order banning the
identification of children who were the subject of anti-social behaviour
orders, barristers acting for the defendants applied for a ruling to be made
ordering the newspaper to pay costs.
But Lewes Magistrates' Court judged it "entirely proper" for The Argus to
mount the challenge as the paper had not been present at the
court hearing in which restrictions were put in place.
A win for the lawyers would have cost the newspaper thousands of pounds and
set a worrying precedent which would have had implications for newspapers
across the country deciding whether to challenge court orders.
Claire, (27), argued that asking newspapers to
pay costs in such cases would make challenging unfair court orders
impossible.
She said: "I think they were trying it on a bit really. Newspapers challenge
reporting restrictions all the time and the law encourages us to do so.
"No paper has the resources to attend every court session so this is the
only recourse we have to overturn a publishing ban."
In court she quoted sections of the European Human Rights Act and Judicial
Studies Board Guidance notes.
News editor Melanie Dowding said: "Claire single-handedly took on four
experienced lawyers and although the order was not lifted, her success in
arguing against an award of costs against us which was an extremely
important decision."
Assistant news editor Lee Gibbs added: "She put up a very good fight.
Considering this was the first time she had ever worked in a court of law,
this was very impressive."
Simon Westrop, Newquest head of legal, said: "Claire acted above and beyond
the call of duty. She was faced with four sets of barristers and held her
own against their best legal shots.
"Though we lost the application, the magistrates confirmed that The Argus
had been right to make it.
"Alarmingly – and very unusually – those four barristers asked for a costs
order against us. The courts would seem to have discretion to award costs in
such a situation but it is almost unheard of.
"After a hurried telephone briefing, Claire went back to argue why the media
should not have to face costs when making legitimate representations against
reporting restrictions.
"She impressed the magistrates with her advocacy and they made no costs
order."
The Argus had attempted to lift reporting restrictions in a case involving
four boys who had already been named in the paper when they were given
interim ASBOs.
At a later court hearing, which The Argus did not attend, a Section 39 order
was put in place, despite the earlier press coverage.
Claire argued that their identities were already in the public domain
and that as identification was a key aspect of awarding ASBOs, the
restrictions should be lifted.
Two of the boys given the interim ASBOs had approached Claire
through an agency working with them, to request an interview about how they
had changed their behaviour.
But when the trainee reporter began to write their story, she was informed
of the Section 39 order. She immediately applied to have the order
overturned but lawyers representing the boys objected.
She faced four
barristers at Lewes Magistrates Court to make her case in a three-hour hearing.
She said: "They threw some pretty low blows which I was not used to but I
was gobsmacked when they mentioned costs.
"In the end, it looks like we can
probably publish after the boys' final hearing and we will not be saddled
with a legal bill so I am hugely relieved and pleased."
Magistrates decided the order should be upheld until the full ASBO hearing
because of the interim nature of the ASBO in place and the fact that its
existence had already been communicated to the boys' local community.