“We will provide advice in connection with the investigations (civil, criminal and parliamentary) into the allegations of phone hacking at the [NoW] newspaper, and any other allegations which arise relating to Mr Coulson’s editorship.”
“29. Plainly, as Editor, Mr Coulson was required to act lawfully. That being so the reference to “Editor” in the clause must be to someone performing the lawful duties of Editor. His duties comprised only lawful activities. Accordingly it cannot have been intended that activity outside the scope of an Editor’s lawful responsibilities would be covered by an indemnity; still less that the indemnity should extend to any serious criminal activities for which he was alleged personally to be responsible. 30. Mr Jeans accepts that the words “judicial proceedings” as a matter of language do not exclude criminal proceedings. However, he submits, and I agree, personal wrongdoing is not within the intention of the clause…[T]hese words are not apt to describe the Claimant’s participation in criminal proceedings brought against him arising from his own alleged personal misconduct. They are not a natural way of expressing the concept of defending oneself.”
“…he attended my office, having already been interviewed by the Police in relation to the matter, who had then granted him bail to return to the Police Station once they made further enquiries. It is submitted that he was entitled to receive advice in relation to the possible outcome when surrendering to his bail.” 26. Mr Davies added that if Mr Learmonth had been instructed to attend and advise the claimant at the initial interview (which he was not ) it could not have been reasonably disallowed as part of his bill in the proceedings. Here the attendance followed such an interview and was at a stage when the police investigations were nearly complete and the claimant had shortly to surrender to his bail. No doubt, I would add, matters passed between the claimant and Mr Learmonth on that occasion by way of instructions which would have had to be given at a later stage after charge. …… 28. In my view, the first of those claims for attendance prior to the charge, for the reasons given, would, adopting a sensible and realistic interpretation of the words “in the proceedings”, clearly be encompassed by them. Instructions were given at a time when charge was imminent and the bail on which the claimant had been placed was about to expire. It seems to me that on a sensible approach it could not reasonably be said that the advice sought and given at that initial attendance was not “in the proceedings” simply because the charge had not yet been preferred.” “…he attended my office, having already been interviewed by the Police in relation to the matter, who had then granted him bail to return to the Police Station once they made further enquiries. It is submitted that he was entitled to receive advice in relation to the possible outcome when surrendering to his bail.”