NUJ welcomes costs decision that safeguards media freedom
Barnie Choudhury will not face costs
Costs will not be awarded against a Freedom of Information applicant, who was facing a bill of £14,000, a court has decided.
The court ruled that freelance journalist Barnie Choudhury, who was supported by the NUJ, will not have to recompense the Judicial Appointments Commission, after a long-running dispute.
Choudhury wrote more than 20 stories about shortcomings in the judicial system, and particularly the work of the Judicial Appointments Comission, which decides who will be a judge in England and Wales. Much of his imformation came from Freedom of Information applications, and subsequent appeals when some were denied.
He described his mission as investigating “institutional racism, bullying, secretive vetting methods, and featherbedded exit packages”.
One request sought the terms under which Dr Richard Jarvis had left the post of chief executive of the organisation. The initial request was refused, and an appeal to the Information Commissioner was also rejected. A first-tier tribunal, however, held in Choudhury’s favour on two of his requests for information.
Among other things the JAC was ordered to give up documents pertaining to the end of Jarvis’s employment. What came back was described in court as “thin gruel”, however, and did not even include a letter setting out the date and terms on which Jarvis’s engagement would end.
Judge Armstrong-Holmes, who heard the JAC’s applicaiton for costs, said in his ruling: “The costs regime is not intended to be a punitive measure for the Tribunal to impose, and having carefully considered all of the relevant circumstances present in this case, we do not consider that it is appropriate or proportionate to make an order for costs against the respondent (Chourhury) in this instance.”
Barnie Choudury said:
“This is an enormous relief and a victory for common sense and media freedom. My stand would not have been possible without the enormous support that I have enjoyed from by fellow journalists and the NUJ in particular. My legal team Jacob Meagher and Alexander Hutton KC, who have given their time pro bono have also been outstanding”.
NUJ General Secretary Laura Davison said:
“This attempt to recover substantial costs from a freedom of information applicant risked introducing a significant new jeopardy for journalists – particularly those without a major news platform to meet their costs.
The court’s wise decision to turn down this application will hopefully dissuade any other public bodies from pursuing such a course. NUJ member Barnie Choudhury took enormous personal risks pursuing his inquiries into the Judicial Appointments Commission. The public officials who pursued this action have done so from the public purse. Given the many legal instruments that are used to thwart legitimate journalistic inquiry, it is a relief that this one has been closed down."