Al Rajhi Banking Investment Corporation v The Wall Street Journal Europe

Extract from approved judgment of Mr. Justice Eady, 21 July 2003:

(1) The Golden Chain

23. This was relied upon in the previous rejected draft as well. It is said to be a list of donors to Al Qaeda. It was apparently found in Bosnia. The first thing to note about it is that it does not purport to be the Claimant's document, or to contain information deriving from the Claimant. That is relevant because of the "conduct rule". Nor does it emerge clearly what the meaning of the document is - whether, for example, it purports to be a list of donors or a list of those who might be approached for funding. Nor is it clear who created the document or when it came into existence. Even with the relaxation of the hearsay rule in civil litigation, after the Civil Evidence Act 1995, it is thus hard to see where the document fits into the framework of "reasonable grounds".