Ant Middleton accused of breaching MOD contract over podcast revelations
Ant Middleton, a former SBS operative and star of SAS: Who Dares Wins, has been accused of breaching a confidentiality contract with the Ministry of Defence, the High Court has been told.
The MOD claims he shared "extremely sensitive" details of his time in the Special Forces and breached the contract in an episode of the Mike Drop podcast, published on YouTube in July, titled Exposing The Quiet Split Between UK and US Forces.
Barristers for the MOD told the hearing that Mr Middleton signed an agreement upon joining the Special Forces in 2008 which prevents him from disclosing information about the work of UK Special Forces, even if the information is not accurate.
They successfully asked a judge to issue a temporary injunction pending the full trial of the legal claim, telling the hearing in London that the case concerned a "serious, damaging breach" of the contract.
The court heard that the MOD would neither confirm nor deny whether the statements made by Mr Middleton in the podcast were accurate, but that the department claims they are covered by the contract regardless.
Mr Middleton, who represented himself at the hearing, denies breaching the agreement and opposed the temporary injunction bid, telling the court that he was not paid for the podcast and the legal action was "sudden, severe and disproportionate".
In a ruling, Mr Justice Garnham said that he had "no hesitation" in granting the temporary injunction, stating that refusing to do so could cause "significant harm" to UK Special Forces.
Oliver Sanders KC, for the MOD, told the hearing that Mr Middleton served in the Special Forces from 2008 to 2011.
The confidentiality contract stated that Mr Middleton would give a "solemn undertaking binding me for the rest of my life" that he would not disclose information relating to his Special Forces service without "express prior authority in writing" from the MOD.
Mr Sanders said that this was not limited to information that was true, and that while Mr Middleton had "generally complied with his contract", he had not sought or been given authorisation to disclose information on the Mike Drop podcast.
The episode, which lasted almost four hours and has received more than 147,000 views, included segments titled 'Final stages of SAS selection' and 'Red tape in Afghanistan and the breaking point'.
He said: "It was disclosed without notice to the MOD, it was disclosed without authority; if authority had sought to have been disclosed, it would have been refused.
"It is extremely sensitive references to weapons, international partners, intelligence matters… all of that is very sensitive information and should not have been disclosed."
Mr Sanders also said that the MOD was taking legal action to "reassure partners that our personnel are not going to leave and spill the beans".
Mr Middleton, a father of five who now lives in the United Arab Emirates, told the court that his military service included tours of Northern Ireland, Afghanistan and Sierra Leone.
He continued that disclosing information that could endanger soldiers was "against everything I have ever known or stood for" and that the information he cited in the podcast was "easily obtained by internet search".
He also said that some of the information cited came from his time in the Royal Marines, which is not covered by the confidentiality contract.
"Despite multiple attempts by myself and my legal team to engage in constructive dialogue with the MOD, we have been met with what we feel is an unreasonable and aggressive approach," he said.
"We have wanted to mediate at every single corner."
He continued by saying it remains unclear exactly on what specific allegations he is expected to defend, and without knowing the exact content in question, "it is impossible to form an appropriate defence or even take corrective action".
"I have never placed my country, nor my fellow comrades, at risk," he said. "I believe the suggestion that I have revealed military secrets is truly shocking and unfounded."
Mr Middleton also said he had removed the podcast from his social media and that the host of the Mike Drop podcast, Mike Ritland, had also agreed to remove it.
The temporary injunction will run until a full trial of the legal claim, scheduled for 3 March, with the MOD seeking a permanent injunction forcing Mr Middleton to adhere to the terms of the agreement.
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