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Claim Numbers HQ16XO1238, HQ17XO2637 & He17XO424g



Bates and others.


. Post Olfice Ltd.

23 November 2018

My Lord,

Application to make an unofficial sound reording of proceedings

I am a freelance journalist who has crowdfunded my fee for reporting the above GLO. My
patrons include various news organisations. I am the only journalist to have attended and
reported from court 26 for every day of the common issues trial.

While the court is sitting I continuously live tweet my notes on proceedings. Afterwards I
write up what has happened for other journalists and for publieation on my blog, which
affords me an opportunity to highlight key moments of the day. Making sure I have accurate
direct quotes is essential.

I am aware there is a ban on audio-recording in court. I understand this is to prevent witness
testimony being broadcasi, to prevent collusion between witnesses or to avoid any potential
for the recording being used to intimidate witnesses.

I also understand that a court has discretion to allow audio-recording, including by a
journalist, for notetaking purposes.

Criminal Practice Direction 6A.2 deals with this:

64.2 The discretion given to the murt to grant, withhald or wi*hdraw leave lo use equipment
for recording sound or to impose canditions as fo the use af the recording is unlimited, but
the fallawing factars may be relevant to its exercise:

{a) the existence of any reasonable need on the part o{ the applicant for leave, whether a
litigant or a persan connected with the press or broadcasting, for the recording to be made;
{b) the risk that the recording could be used for the purpase of briefing wifnesses out of
(c) any possibility that the use of the recorder wauld disturb the proceedings or distract ar
warry any witnesses or other participants.

and CPD 6C.5 makes clear the above can apply to civil courts:
6C.5 Sound recordings are also prohibited unless, in the exercise of its discretian, the caurt
permits such equipment to be used. ln criminal proceedings, seme of the factors relevant ta
the exercise of that discretion are contained in paragraph 6A.2. The same factors are tikely
to be relevant when consideration is being given to the exercise of this discretion in civilor
family praeeedings.

I would like to apply to the court for permission to record the remainder of proceedings in this
trial (and the duration of the forthcoming Horizon trial) for note-taking purposes only. lt would
allow me to ensure (during breaks in proceedings, or after the day's proceedings are over)
any direct quotes I publish or supply to other journalists are 100% accurate. At the moment,
if I am not 100o/o confident they are accurate, I am not supplying them, which limits the flow
of information.

My recording equipment is hand-held, silent and unobtrusive. lt does not require external
power. The court will not be distracted by it any more than the existing microphones. The
recorded digitaldata will be held by me, and will not be transferred to any devices not
controlled by me.

I have notified the claimants'and defendant's solicitors via their respective communications
teams of my request, and will hand them a printed note alerting them to this request on
Monday morning.

respectfully yours

ffialL 21 AJo J 7 o(g

Nick Wallis
*slg@ n icl<wal is.e+ r::

07976 432174