put to this court by way of judicial review rather than decided by it and so adjourn the hearing for that to be done. 5. This case arose as a result of a brief interchange between the appellant and a reporter of the Evening Standard, Mr Oliver Finegold, in the evening of 8 February 2005. The appellant had been hosting a reception at City Hall for Chris Smith, M.P., to mark the twentieth anniversary of his making public that he was gay. The news editor of the Evening Standard had decided that a reporter and a photographer should go to City Hall and wait outside to photograph and try to have words with those leaving the reception. It seems that no other representatives of the media attended and it was, to the appellant’s knowledge, rare if not unique for the Evening Standard to have decided that such action should be taken. According to Mr Finegold, when interviewed by the ESO, he had been sent there ‘to try and chat to some of the guests that were leaving the City Hall, and to write a nice piece about Chris Smith’s party for celebrating twenty years of coming out as being gay’. It is to be noted that no piece, whether nice or otherwise, appeared in the Evening Standard about the reception. It was only because the relevant interchange, which was recorded on tape by Mr Finegold, was leaked to and so reported by another paper that the complaint which led to the Tribunal decision was made. 6. As he left City Hall when the reception was ended, the appellant was confronted by Mr Finegold and the photographer. The tape commences with the appellant saying:“You’ve got one of me already”. which makes it obvious that he was photographed. The tape, which lasts for 35 seconds overall, continues as follows:“OF. Mr Liv(?) … Evening Standard. How did – [?]. [?someone in the background] KL. Oh how awful for you. OF. How did tonight go? KL. Have you thought of having treatment? OF. How did tonight go? KL. Have you thought of having treatment? OF. Was it a good party? What did it mean to you? KL. What did you do before? Were you a German war criminal? OF. No, I’m Jewish. I wasn’t a German war criminalKL. Ah right. OF. … I’m actually quite offended by that. So how did tonight go? KL. Well you might be, but actually you are just like a concentration camp guard. You’re just doing it ‘cause you’re paid to aren’t you?