The newspaper rule will not be dispensed with at the interlocutory stage merely because disclosure of a confidential source would be 'important' or 'convenient' to a party's case; the court must be satisfied that disclosure is 'really needed' or that there is a 'compelling reason' for disclosure to enable the trial issues to be properly and fairly determined. The facilitation of mediation may be a relevant factor but only where there is evidence that disclosure is likely to be conducive to settlement. The Court enumerated eleven specific factors relevant to the exercise of the discretion, including whether the plaintiff will be left without an effective remedy.
The full text is available to signed-in members, including the 19 later cases that cite this judgment.
8 of the 19 citing cases carry a classified treatment. How each court treated it is available to signed-in members.