Brevan Howard Asset Management LLP v Reuters Ltd & Anor [2017] EWCA Civ 950 (07 July 2017)

Brevan Howard Asset Management LLP v Reuters Ltd & Anor [2017] EWCA Civ 950 (07 July 2017)

The Judge correctly applied the proportionality and balancing exercise required by Article 10 ECHR and Section 12 HRA, weighing the public interest in maintaining confidentiality against the public interest in publication. The confidentiality of the information, its commercial sensitivity, and the absence of any wrongdoing or pressing public interest in disclosure outweighed the arguments for publication. The grant of an injunction was a proportionate and necessary restriction on Reuters' Article 10 right to freedom of expression.

Citation
[2017] EWCA Civ 950
Parties
Claimant/respondent: Brevan Howard Asset Management LLP; Defendant/appellant: Reuters Limited; Defendant/appellant: Maiya Keidan
Jurisdiction
England and Wales
Judgment Date
07 July 2017
Procedural Posture
Appeal / Appeal From Interim Injunction Order in High Court
Outcome
Appeal dismissed
Legal Topics
Interim Injunctions, Freedom of Expression, Breach of Confidence, Public Interest Defence, Proportionality, Article 10 ECHR, Section 12 Human Rights Act 1998
Media Law Confidentiality Human Rights Interim Injunctions Freedom of Expression Breach of Confidence Public Interest Defence Proportionality +2 more

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Parties

Brevan Howard Asset Management LLP

Claimant/respondent

Reuters Limited

Defendant/appellant

Maiya Keidan

Defendant/appellant

Procedural Posture

Appeal / Appeal From Interim Injunction Order in High Court

Legal Issues

  1. 1 Whether an interim injunction restraining publication of confidential business information should be granted pending trial
  2. 2 Whether the public interest in publication outweighs the duty of confidence
  3. 3 Proper application of Article 10 ECHR and Section 12 HRA in balancing freedom of expression against confidentiality

Ratio Decidendi

The Judge correctly applied the proportionality and balancing exercise required by Article 10 ECHR and Section 12 HRA, weighing the public interest in maintaining confidentiality against the public interest in publication. The confidentiality of the information, its commercial sensitivity, and the absence of any wrongdoing or pressing public interest in disclosure outweighed the arguments for publication. The grant of an injunction was a proportionate and necessary restriction on Reuters' Article 10 right to freedom of expression.

Court Disposition

Appeal dismissed

Orders

  • Interim injunction restraining publication of confidential information by Reuters and Maiya Keidan upheld