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 were likely to succeed at trial in restraining publication of the specified documents, as confidentiality was lost by reference in open court and subsequent widespread publication, and the public interest in transparency and scrutiny of public officials' financial affairs outweighed any residual privacy or confidentiality rights. Article 10 rights to freedom of expression and the public interest in the information's disclosure were decisive.

Citation
[2007] EWHC 1980
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
Interim Injunction Application / Application for Interim Injunctive Relief Pending Trial
Outcome
Application dismissed
Legal Topics
Interim Injunctions, Freedom of Expression, Privacy, Confidentiality, Comity, Norwich Pharmacal Orders
Civil Procedure Media Law Human Rights Interim Injunctions Freedom of Expression Privacy Confidentiality Comity +1 more

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Parties

Long Beach Limited

Claimant/applicant

Denis Christel Sassou Nguesso

Claimant/applicant

Global Witness Limited

Defendant/respondent

Procedural Posture

Interim Injunction Application / Application for Interim Injunctive Relief Pending Trial

Legal Issues

  1. 1 Whether the claimants are likely to establish at trial that publication of the specified documents by the defendant should not be allowed
  2. 2 Whether the specified documents remain confidential after reference in open court and subsequent publication
  3. 3 Whether the public interest in publication outweighs the claimants' rights to privacy and confidentiality

Ratio Decidendi

The claimants failed to establish that they were likely to succeed at trial in restraining publication of the specified documents, as confidentiality was lost by reference in open court and subsequent widespread publication, and the public interest in transparency and scrutiny of public officials' financial affairs outweighed any residual privacy or confidentiality rights. Article 10 rights to freedom of expression and the public interest in the information's disclosure were decisive.

Court Disposition

Application dismissed

Orders

  • Interim injunction refused
  • No order restraining publication of the specified documents or information derived from them