SAS Who Dares Wins star Ant Middleton accused of sharing ‘extremely sensitive’ special forces details on podcast, court told
Television personality Ant Middleton, a former SBS commando, has been accused of breaching a confidentiality contract with the Ministry of Defence by sharing “extremely sensitive” details of his time in the special forces on a podcast, the High Court has heard.
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The MoD claims Mr Middleton, who later presented Channel 4’s SAS: Who Dares Wins, broke the terms of the agreement during an episode of the Mike Drop podcast posted on YouTube in July, titled “Exposing The Quiet Split Between UK And US Forces”.
During a hearing on Thursday, barristers for the department said Mr Middleton signed the confidentiality agreement when he joined the special forces in 2008, preventing him from disclosing information about UK special forces operations even if the information he shares is inaccurate.
They successfully applied for a temporary injunction ahead of a full trial, telling the court that the case involved a “serious, damaging breach” of the contract.
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The court heard that the MoD would neither confirm nor deny the accuracy of Mr Middleton’s statements in the podcast, but maintains that the material falls within the scope of the agreement regardless.
Mr Middleton, who represented himself, denied breaching the contract and opposed the injunction, arguing that he was not paid for the appearance and describing the legal action as “sudden, severe and disproportionate”.
In granting the injunction, Mr Justice Garnham said he had “no hesitation”, warning that rejecting it could lead to “significant harm” to UK special forces.
Oliver Sanders KC, representing the MoD, told the court that Mr Middleton served in the special forces from 2008 to 2011.
The agreement included a “solemn undertaking binding me for the rest of my life” not to disclose information about his special forces service without “express prior authority in writing” from the MoD.
Mr Sanders noted that this restriction applies even to information that is not true, and although Mr Middleton had “generally complied with his contract”, he had neither sought nor obtained permission before speaking on the podcast.
The episode, almost four hours long and viewed more than 147,000 times, featured segments such as “final stages of SAS selection” and “red tape in Afghanistan and the breaking point”.
Mr Sanders told the court: “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.” He added: “It is extremely sensitive references to weapons, international partners, intelligence matters… all of that is very sensitive information and should not have been disclosed.”
He also said the MoD was taking legal action to “reassure partners that our personnel are not going to leave and spill the beans”.
Mr Middleton, who has five children and now lives in the United Arab Emirates, told the court his military service included tours in Northern Ireland, Afghanistan and Sierra Leone.
He insisted that revealing information that could endanger personnel was “against everything I have ever known or stood for” and said the material he discussed on the podcast was “easily obtained by internet search”.
He added that some of that information related to his service in the Royal Marines, which is not covered by the confidentiality agreement.
Mr Middleton told the court: “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. We have wanted to mediate at every single corner.”
He continued: “We remain unclear exactly on what specific allegations we are expected to defend.” He added: “Without knowing the exact content in question, it is impossible to form an appropriate defence or even take corrective action.”
He also said: “I have never placed my country, nor my fellow comrades, at risk. I believe the suggestion that I have revealed military secrets is truly shocking and unfounded.”
Mr Middleton confirmed he had removed the podcast from his social media accounts, and that Mike Ritland, the host of the Mike Drop podcast, had agreed to do the same.
The temporary injunction will stay in place until the full trial on 3 March next year, where the MoD will seek a permanent injunction requiring Mr Middleton to comply with the terms of the agreement.