Overview

• High Court judges adjourned contempt proceedings until an independent review by the Investigatory Powers Commissioner assesses MI5’s evidence procedures.
• The court ruled that MI5’s internal and external inquiries into the false evidence suffered serious procedural deficiencies and their findings cannot be relied on.
• MI5 Director-General Sir Ken McCallum issued a full and unreserved apology for submitting incorrect witness evidence in its 2022 BBC injunction bid.
• The false evidence arose from MI5’s claim of upholding its neither-confirm-nor-deny policy despite records showing it had disclosed informant X’s status to a BBC reporter.
• The BBC’s notes and phone recordings revealed the breach of NCND, contradicting MI5’s court submission and prompting demands for stricter oversight.