British Broadcasting Corporation v Harpercollins Publishers Ltd & Anor

British Broadcasting Corporation v Harpercollins Publishers Ltd & Anor

The identity of The Stig was, by 29 August 2010, so generally accessible through widespread press coverage that it had lost its confidential character. As the information was no longer confidential, neither Mr Collins nor the other Defendants were under a continuing duty of confidence, and no injunction should be granted to restrain publication of the autobiography or disclosure of the identity.

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
Civil / Interim Application for Injunction
Outcome
Application for interim injunction refused
Legal Topics
Breach of Confidence, Injunctions, Confidential Information, Public Domain, Contractual Obligations
Equity Contract Law Media Law Breach of Confidence Injunctions Confidential Information Public Domain Contractual Obligations

Case Brief

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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

Civil / Interim Application for Injunction

Legal Issues

  1. 1 Whether the identity of The Stig is confidential information
  2. 2 Whether Mr Collins and the Defendants are under a duty of confidence to the BBC
  3. 3 Whether an injunction should be granted to restrain publication of Mr Collins' autobiography revealing his identity as The Stig

Ratio Decidendi

The identity of The Stig was, by 29 August 2010, so generally accessible through widespread press coverage that it had lost its confidential character. As the information was no longer confidential, neither Mr Collins nor the other Defendants were under a continuing duty of confidence, and no injunction should be granted to restrain publication of the autobiography or disclosure of the identity.

Court Disposition

Application for interim injunction refused