Advertising Standards Authority Ltd v Mitchell [2019] EWHC 1469 (QB) (11 June 2019)

Advertising Standards Authority Ltd v Mitchell [2019] EWHC 1469 (QB) (11 June 2019)

The court found the ASA likely to establish at trial that the information was confidential and privileged, imparted under circumstances importing a duty of confidence, and that the defendant threatened misuse. No sufficient public interest or prior disclosure justified breach. The court had jurisdiction as the defendant was likely domiciled or present in England. Interim injunction was justified to preserve confidentiality pending trial.

Citation
[2019] EWHC 1469 (QB)
Parties
Intended Claimant: Advertising Standards Authority Limited; Intended Defendant: Robert Neil Whyte Mitchell
Jurisdiction
England and Wales
Judgment Date
11 June 2019
Procedural Posture
Interim Injunction Application / Pre Trial, Interim Hearing
Outcome
Interim injunction granted in favour of the ASA.
Legal Topics
Breach of Confidence, Legal Professional Privilege, Freedom of Expression, Jurisdiction, Reporting Restrictions
Civil Procedure Media Law Confidentiality Breach of Confidence Legal Professional Privilege Freedom of Expression Jurisdiction Reporting Restrictions

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Parties

Advertising Standards Authority Limited

Intended Claimant

Robert Neil Whyte Mitchell

Intended Defendant

Procedural Posture

Interim Injunction Application / Pre Trial, Interim Hearing

Legal Issues

  1. 1 Whether the court has jurisdiction to grant an interim injunction against the defendant
  2. 2 Whether the information in the email and attachments is confidential and/or privileged
  3. 3 Whether the defendant threatens to misuse the information

Ratio Decidendi

The court found the ASA likely to establish at trial that the information was confidential and privileged, imparted under circumstances importing a duty of confidence, and that the defendant threatened misuse. No sufficient public interest or prior disclosure justified breach. The court had jurisdiction as the defendant was likely domiciled or present in England. Interim injunction was justified to preserve confidentiality pending trial.

Court Disposition

Interim injunction granted in favour of the ASA.

Orders

  • Defendant prohibited from using, publishing, communicating or disclosing all or any part of the email and attachments (except photograph), and any information derived from them, subject to carve-out for ASA complaint and related litigation.
  • Defendant ordered to disclose what has been done with the email, attachments, and information.