Long Beach Ltd & Anor v Global Witness Ltd [2007] EWHC 1980 (QB) (15 August 2007)

Long Beach Ltd & Anor v Global Witness Ltd [2007] EWHC 1980 (QB) (15 August 2007)

The Claimants failed to establish that they are likely to succeed at trial in restraining publication; the specified documents lost confidentiality due to reference in open court and subsequent publication; Article 10 rights and public interest in transparency regarding the conduct of public officials override privacy and confidentiality claims.

Citation
[2007] EWHC 1980 (QB)
Parties
Claimant/applicant: Long Beach Limited; Claimant/applicant: Denis Christel Sassou Nguesso; Defendant/respondent: Global Witness Limited
Jurisdiction
England and Wales
Judgment Date
15 August 2007
Procedural Posture
Application for Interim Injunction / Post Hearing Judgment
Outcome
Application dismissed
Legal Topics
Freedom of Expression, Right to Privacy, Confidentiality, Comity, Public Interest, Interim Injunctions
Human Rights Privacy Law Media Law International Law Freedom of Expression Right to Privacy Confidentiality Comity +2 more

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Parties

Long Beach Limited

Claimant/applicant

Denis Christel Sassou Nguesso

Claimant/applicant

Global Witness Limited

Defendant/respondent

Procedural Posture

Application for Interim Injunction / Post Hearing Judgment

Legal Issues

  1. 1 Whether publication of specified documents should be restrained due to confidentiality and privacy rights
  2. 2 Whether Article 8 (right to privacy) overrides Article 10 (freedom of expression)
  3. 3 Effect of prior publication and reference in open court on confidentiality

Ratio Decidendi

The Claimants failed to establish that they are likely to succeed at trial in restraining publication; the specified documents lost confidentiality due to reference in open court and subsequent publication; Article 10 rights and public interest in transparency regarding the conduct of public officials override privacy and confidentiality claims.

Court Disposition

Application dismissed

Orders

  • No interim injunction granted
  • Claimants' application for injunctive relief refused