On Tuesday 3 June, the Divisional Court (the Lady Chief Justice, President of the KBD and Chamberlain J) heard argument in the cases of AG v BBC and R (Beth) v Investigatory Powers Tribunal & The Security Service.
The hearing was convened to consider how the Attorney General (AG) and MI5 came to provide false evidence (in a corporate witness statement from a senior MI5 officer) to the High Court in 2022 in injunction proceedings brought by the AG against the BBC. MI5 also provided false evidence to the IPT and the Administrative Court in related claims brought by ‘Beth’.
The Divisional Court on 3 June considered the explanation provided by the AG and MI5 for the false evidence provided to the High Court, the adequacy of the investigation into what had happened, and what steps (if any) it may wish to take, including the initiation of contempt proceedings against MI5 officers and/or MI5 as an organisation.
The hearing was also convened to consider whether the AG and MI5 would be permitted to maintain NCND in respect of an alleged MI5 informant (a Covert Human Intelligence Source, or ‘CHIS’) referred to as X. Shortly before the hearing, the AG and MI5 confirmed that they no longer sought to maintain NCND and it was publicly confirmed that X was a CHIS for MI5. At the hearing, the Court heard argument on what (if anything) it should say about the NCND issue following these developments.
The Court reserved judgment.
Jesse Nicholls acts for Beth in the proceedings, led by Charlotte Kilroy KC, alongside Isabel Buchanan, and instructed by Kate Ellis from the Centre for Women’s Justice.
Sarah Hannett KC and Paul Skinner act for the Investigatory Powers Tribunal.
The case has been reported here:
https://www.bbc.co.uk/news/articles/c4ge87g2lngo
https://www.telegraph.co.uk/news/2025/06/03/mi5-lied-agent-identity-case-court/
https://www.independent.co.uk/news/uk/crime/mi5-bbc-high-court-suella-braverman-london-b2762772.html