# Belfast Journalists Seek Legal Costs Following Unlawful Police Surveillance Court of Appeal weighs tribunal powers over police disclosure failures in surveillance case. - **Source:** [computerweekly.com](https://www.computerweekly.com) - **Published:** 2026-10-13 - **Topic:** [Business](https://brifing.si/c/business) - **Original article:** - **On Brifing:** https://brifing.si/s/08f06c54-1d39-4ee9-aff2-f6d4f1c6fedf ## Surveillance Costs Appeal Begins Belfast journalists Barry McCaffrey and Trevor Birney appeared before London's Court of Appeal to recover wasted legal expenses. They claim the Police Service of Northern Ireland displayed unreasonable conduct by repeatedly withholding critical evidence during proceedings before the Investigatory Powers Tribunal, thereby derailing multiple scheduled court hearings. ## Origins in Collusion Documentary The dispute originated from the 2018 documentary No Stone Unturned, which exposed state collusion with paramilitary groups. Northern Ireland police responded by arresting both reporters and seizing technical equipment. In 2019, the High Court quashed those search warrants, ruling that the operation lacked overriding public interest justification. ## Tribunal Confirms Illegal Spying The Investigatory Powers Tribunal later concluded that the PSNI and Metropolitan Police unlawfully monitored the journalists' phone records to unmask confidential sources. The tribunal awarded each journalist £4,000 in damages. However, five tribunal judges ruled that statutory limitations prevented them from ordering police to cover wasted legal fees. ## Late Disclosures Disrupt Hearings Legal counsel Ben Jaffey KC argued that late document dumps systematically undermined hearings in February and May 2024. Police disclosed a secret directed surveillance order just two days prior to one trial. Furthermore, evidence revealed Durham Police sought access to Trevor Birney's iCloud data without timely prior notification. ## Threats of Judicial Miscarriage Counsel emphasized that without eleventh-hour evidence dumps, extensive communications data unlawfully obtained by the Metropolitan Police would have remained concealed. Journalists' lawyers were forced to analyze massive document bundles overnight. Counsel argued that allowing public bodies to avoid cost liabilities for procedural obstruction severely undermines judicial oversight mechanisms. ## Police Defense Cites Statutes Representing the PSNI, Cathryn McGahey KC argued that Parliament deliberately excluded cost-awarding powers from the tribunal's statutory framework. She asserted that the IPT operates as a cost-free jurisdiction unless exceptional criteria are met. The police maintained that existing nominal damages sufficiently accounted for conduct known to the judges. ## Judicial Scrutiny Over Thresholds Lord Justices Bean, Edis, and Lewis overturned initial arguments that the matter belonged exclusively in judicial review. Lord Justice Lewis noted that if the statutory barrier was absolute, the applicants' conservative claim for wasted hearings rather than full legal expenses highlighted the peculiar rigidity of the current tribunal rules. ## Implications for Surveillance Accountability This appellate decision tests whether Britain's most secretive court system can penalize state intelligence agencies and police forces for abusive litigation tactics. Establishing cost liabilities would prevent security agencies from using procedural delays and sudden disclosure dumps to financially exhaust claimants challenging state surveillance abuses. ## Sources covering this story - https://www.computerweekly.com/news/366651869/Journalists-subject-to-unlawful-surveillance-seek-legal-costs-after-unreasonable-conduct-by-PSNI — --- _Summary written by Brifing from the original reporting. Copyright in the original article belongs to its publisher; read the full piece at the link above._