Harcombe/Kendrick vs Associated Newspapers– A Statement in Open Court
Introduction
On Thursday 5th December 2024, Andy and I returned to Court 13, at the Royal Courts of Justice on The Strand in London. It’s been a bit of a drawn out process but we were there for the final event in the case of Harcombe/Kendrick vs Associated Newspapers, which was something called “A Statement in Open Court” (SIOC). (As a reminder, Dr Malcolm Kendrick and I were the Claimants in this case. Associated Newspapers and Barney Calman were the Defendants.)
The legal website, LexisNexis defines a SIOC as follows:
“A statement in open court on settlement of action is an important mechanism for vindication for the claimant in, inter alia, libel proceedings and also for the correction of false and/or defamatory statements.
“A party can apply for permission to make a statement in open court before or after they accept an offer to settle under CPR Pt 36, in accordance with CPR r 36.9(1). The statement has to be submitted for the approval of the court and must accompany the notice of application” (Ref 1).
It was a grey and drizzly day – unlike the summer days of the July 2023 trial (one of which was hot, most just pleasant). The photo shows me outside the Royal Courts wrapped up for the great British weather. The Royal Courts of Justice are awe inspiring outside and inside. It is strictly forbidden to take photos inside the building, but there are some pictures on the official website (Ref 2).
It was lovely going back to the hallowed surroundings – especially knowing the verdict. It was even lovelier seeing our legal team (Claire Gill and Dominic Garner from Carter-Ruck) outside our familiar courtroom when Andy and I arrived. We hadn’t known the format for the statement – where to sit, who would be there etc. Claire and Dominic were there to guide us – as they have been through the whole case. Dominic was going to be doing the reading. He was ‘robed’, ready for the occasion as only the British can do. The reading was going to be before the Honourable Mr Justice Nicklin. He has been the judge for all the hearings in our trial.
Why our case was different
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