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I don't see how that Supreme Court case particularly helps the BBC. It is well-established that the Article 8/10 balancing exercise is highly fact-specific, and that case involved completely different facts: namely, the anonymisation of parties in court proceedings.

In my opinion, a party engaged in court litigation is in a fundamentally different position to that which Sir Cliff was in: namely, that of an individual who, although legitimately suspected of an offence, had not then been arrested or charged said offence.

Personally, I think it rather unsavoury to release a public letter accusing a judge of erring in law while simultaneously saying you don't think you will persuade the appeal court of the same. If you genuinely believe the judge was wrong then stand by your convictions and take the matter to the Court of Appeal. Otherwise, accept the judgment of the court.

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