SRJ v Person(s) Unknown (Author And Commenters of Internet Blogs)

SRJ v Person(s) Unknown (Author And Commenters of Internet Blogs)

The Defendant's identity was communicated to the solicitors in confidence for the purpose of obtaining legal advice and is protected by legal professional privilege; there are no sufficiently exceptional circumstances to override this protection or the duty of confidence, and thus the application for disclosure is refused.

Parties
Claimant: SRJ; Defendant(s): Person(s) Unknown (author and commenters of Internet blogs); Respondents: D & Co.
Jurisdiction
England and Wales
Judgment Date
10 July 2014
Procedural Posture
Application / Ruling on Application for Disclosure of Identity
Outcome
Application dismissed
Legal Topics
Disclosure of Client Identity, Solicitor's Duty of Confidence, Legal Professional Privilege, Court's Inherent Jurisdiction, Enforcement of Court Orders
Civil Procedure Confidentiality Legal Professional Privilege Disclosure of Client Identity Solicitor's Duty of Confidence Court's Inherent Jurisdiction Enforcement of Court Orders

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Parties

SRJ

Claimant

Person(s) Unknown (author and commenters of Internet blogs)

Defendant(s)

D & Co.

Respondents

Procedural Posture

Application / Ruling on Application for Disclosure of Identity

Legal Issues

  1. 1 Whether the court should order solicitors to disclose the identity of a client given in confidence for the purpose of legal advice
  2. 2 Whether the identity of a client is protected by legal professional privilege in the circumstances of this case

Ratio Decidendi

The Defendant's identity was communicated to the solicitors in confidence for the purpose of obtaining legal advice and is protected by legal professional privilege; there are no sufficiently exceptional circumstances to override this protection or the duty of confidence, and thus the application for disclosure is refused.

Court Disposition

Application dismissed

Orders

  • Relief sought by the Claimant is refused
  • No order for disclosure of the Defendant's identity