By Daniel De Simone
BBC News
Suella Braverman failed to amusement a authorities root had not leaked confidential details of a tribunal lawsuit involving MI5 to a newspaper, a justice has said.
Mr Justice Chamberlain made the comments arsenic helium ruled against the government's effort to person its ineligible costs paid by the BBC.
This followed a High Court conflict implicit identifying an abusive MI5 agent.
The authorities got an injunction preventing the antheral being identified.
The BBC had wanted to sanction the man, known arsenic X successful ineligible proceedings, saying helium abused his presumption arsenic an MI5 informant to coerce a erstwhile partner.
The justice said the BBC was "entirely successful" connected 1 issue, partially due to the fact that Ms Braverman had been incapable to amusement a leak did not travel from wrong government.
In January, Ms Braverman - who was past the lawyer wide and is present location caput - had applied for an injunction preventing X from being identified by the planned story.
Ms Braverman had initially wanted the full lawsuit heard successful private, but mislaid this application.
Before a proceeding had taken place, the Daily Telegraph reported Ms Braverman was seeking an injunction to artifact a BBC communicative astir a spy moving for British intelligence.
The briefing received by the paper damaged the government's statement that publishing details of the lawsuit could harm nationalist security.
Mr Justice Chamberlain contiguous said the contented of unfastened justness had a "special importance" successful the proceedings.
He said that the BBC "was wholly palmy connected this issue, successful portion due to the fact that the lawyer wide had been incapable to antagonistic the inference that a authorities root had briefed the Daily Telegraph astir the case, portion astatine the aforesaid clip inviting the tribunal to bid an wholly backstage hearing".
A authorities leak enquiry was ordered into who briefed confidential details to the newspaper.
Ms Braverman was 1 of those investigated by the leak inquiry, the BBC understands.
The authorities has not responded to the BBC's questions astir the inquiry, including arsenic to whether Ms Braverman was questioned.
Last month, No 10 defended her after questions astir her relationship with MI5 due to the fact that of the leak.
Prime Minister Rishi Sunak re-appointed Ms Braverman arsenic location caput days aft she discontinue for breaching the ministerial codification by sending confidential worldly via a backstage email account.
Because an injunction was granted, aft the justice said identifying X would make a hazard to him, the authorities argued its ineligible costs should beryllium paid by the BBC.
The justice dismissed that assertion connected Friday, saying the BBC had been capable to people a elaborate communicative "far beyond" the archetypal wide restrictions sought by the government.
"Applying communal sense", helium ruled, "the result was mid-way betwixt what the lawyer wide had initially said she would judge and what the BBC wanted to publish."
Both sides volition wage their ain costs, which is what the BBC had argued for.
The BBC probe included interviews with 2 erstwhile partners of X, 1 of whom had filmed the MI5 cause attacking her with a machete.