The appeal hearing before the President of the King’s Bench Division, Dame Victoria Sharp, Lord Justice Singh and Lord Justice Warby of Banks v Cadwalladr was this morning. Banks is appealing the decision of Mrs Justice Steyn from June 2022.
The judge held that Cadwalladr succeeded in establishing a public interest defence; there was a change of circumstances in which the public interest defence fell away, but Banks failed to establish that publication of the TED Talks from the date of the change of circumstances had caused serious harm and failed to establish that the serious harm threshold was met in respect of the Tweet from first publication.
The judge handed down the judgment on June 13 dismissing the claim and by order of 28 June 2022 directed that Banks pay Cadwalladr’s costs of the proceedings and make a payment on account of such costs. This order was also appealed.
Guido leaves it to you to figure out how the hearing went today – all 2 hours of the appeal are available to watch here. Seemed to Guido that Cadwalladr’s barrister – Gavin Miller – had more hostile questions from the bench. Judgement will be given in a few months…