Brevan Howard Asset Management LLP v Reuters Ltd & Anor

Brevan Howard Asset Management LLP v Reuters Ltd & Anor

The appeal was dismissed because the Judge correctly applied the balancing and proportionality exercise required by law, weighing the public interest in maintaining confidentiality against the public interest in publication. The Judge was entitled to conclude that the preservation of confidence outweighed any public interest in publication, and the grant of an injunction was a proportionate and necessary restriction on Reuters’ Article 10 right to freedom of expression.

Parties
Claimant/respondent: Brevan Howard Asset Management LLP; Defendant/appellant: Reuters Limited; Defendant/appellant: Maiya Keidan
Jurisdiction
England and Wales
Judgment Date
07 July 2017
Procedural Posture
Civil Appeal / Appeal From High Court Interim Injunction Order
Outcome
Appeal dismissed
Legal Topics
Breach of Confidence, Freedom of Expression, Interim Injunctions, Public Interest Defence
Media Law Commercial Law Human Rights Breach of Confidence Freedom of Expression Interim Injunctions Public Interest Defence

Case Brief

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Parties

Brevan Howard Asset Management LLP

Claimant/respondent

Reuters Limited

Defendant/appellant

Maiya Keidan

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court Interim Injunction Order

Legal Issues

  1. 1 Whether an interim injunction restraining publication of confidential business information should be granted pending trial
  2. 2 Whether the public interest in publication outweighs the duty of confidence
  3. 3 Whether the grant of an injunction is a proportionate restriction on Article 10 rights

Ratio Decidendi

The appeal was dismissed because the Judge correctly applied the balancing and proportionality exercise required by law, weighing the public interest in maintaining confidentiality against the public interest in publication. The Judge was entitled to conclude that the preservation of confidence outweighed any public interest in publication, and the grant of an injunction was a proportionate and necessary restriction on Reuters’ Article 10 right to freedom of expression.

Court Disposition

Appeal dismissed

Orders

  • Interim injunction restraining publication of confidential business information by Reuters and Maiya Keidan upheld