British Broadcasting Corporation v Harpercollins Publishers Ltd & Anor [2010] EWHC 2424 (Ch) (04 October 2010)

British Broadcasting Corporation v Harpercollins Publishers Ltd & Anor [2010] EWHC 2424 (Ch) (04 October 2010)

The identity of Ben Collins as 'The Stig' was, by the time of the hearing, so generally accessible through widespread press coverage that it had lost its confidential character. As the information was no longer confidential, neither contractual nor equitable duties prevented its publication, and the BBC was not likely to succeed at trial in restraining publication. Therefore, no interim injunction should be granted.

Citation
[2010] EWHC 2424 (Ch)
Parties
Claimant: British Broadcasting Corporation; First Defendant: HarperCollins Publishers Limited; Second Defendant: Ben Collins; Third Defendant: Collins Autosport Limited
Jurisdiction
England and Wales
Judgment Date
04 October 2010
Procedural Posture
Interim Injunction Application / High Court (chancery Division) Decision on Interim Relief
Outcome
Interim injunction refused
Legal Topics
Breach of Confidence, Interim Injunctions, Confidential Information, Public Domain, Contractual Obligations, Equitable Duties
Media Law Contract Law Equity Breach of Confidence Interim Injunctions Confidential Information Public Domain Contractual Obligations +1 more

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Parties

British Broadcasting Corporation

Claimant

HarperCollins Publishers Limited

First Defendant

Ben Collins

Second Defendant

Collins Autosport Limited

Third Defendant

Procedural Posture

Interim Injunction Application / High Court (chancery Division) Decision on Interim Relief

Legal Issues

  1. 1 Whether the identity of 'The Stig' is confidential information as of the hearing date
  2. 2 Whether the defendants are under a contractual or equitable duty not to disclose the identity
  3. 3 Whether an interim injunction should be granted to restrain publication of Ben Collins' autobiography revealing his identity as 'The Stig'

Ratio Decidendi

The identity of Ben Collins as 'The Stig' was, by the time of the hearing, so generally accessible through widespread press coverage that it had lost its confidential character. As the information was no longer confidential, neither contractual nor equitable duties prevented its publication, and the BBC was not likely to succeed at trial in restraining publication. Therefore, no interim injunction should be granted.

Court Disposition

Interim injunction refused

Orders

  • No interim injunction granted against any defendant
  • No general injunction granted to restrain disclosure of other confidential matters