Judgment Approved by the court for handing down.
Ali & Aslam v Channel 5 Broadcasting Ltd
plan was to work with a company employing HCEAs. The co-operation with DCBL
(Mr Bohill’s employers) took place during the filming of the second series of the
programme.
14.
The judge described the modus operandi of the programme as follows:
“59. Mr Brinkworth also wanted to show the situations faced
by HCEAs in their daily work, interacting with creditors and
debtors, and thereby illustrate the consequences of growing
levels of indebtedness.
60. Mr Brinkworth pitched the idea to Mr Raikes, who agreed
to commission the series. Mr Raikes intended that the series
would reveal as never before the process of enforcement, and
the consequences of debt for all concerned.
He was
particularly keen that BFL should try and get interviews with
both creditors and debtors. He agreed with Mr Brinkworth’s
intention to give context to each segment by including relevant
statistics. Thus each story would serve as a real life example of
a much wider problem, giving it immediacy in the minds of
viewers. Mr Raikes hoped that the programme would attract a
large audience and trigger a nationwide discussion of the issue.
He therefore believed that broadcasting the series would be of
significant public interest.
61. In order to make the series, BFL needed to follow the
activities of a company employing HCEAs. Originally BFL
worked with High Court Solutions, but from the second series
BFL worked with DCBL. BFL operated two or three film
crews for four-day blocks of filming in various locations. Each
crew followed a pair of DCBL HCEAs attempting to enforce
around three to five writs a day. The crews were embedded
with the HCEAs, and would usually only be notified by DCBL
the day before each enforcement of the relevant locations. BFL
usually received a copy of the writ, but no other information, in
advance.
62. Mr Brinkworth did not attend any of the filming. Ms Crook
only attended occasionally, but had overall control on a day-today basis.
63. Each programme consisted of four stories i.e. four
enforcement actions. When making series 4, BFL attended the
execution of 720 writs of possession or control, of which only
120 were broadcast. Series 3 consisted of fewer programmes,
but the ratio was about the same.
64. Once filming ended each day, the cameraman (Mr Rea in
the case of the Programme) would provide the rushes to Ms
Crook and prepare a story synopsis for each enforcement. After
that, each story would be reviewed, including by Ms Crook, to
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