Lachaux v Independent Print Ltd

Lachaux v Independent Print Ltd

The documents were confidential and subject to legal professional privilege. There was no waiver or fraud exception. The public interest in truth does not override privilege. The judge's exercise of discretion to grant injunctive relief was correct and justified.

Parties
Claimant/respondent: Bruno Lachaux; Defendant/appellant: Independent Print Limited; Defendant/appellant: Evening Standard Limited
Jurisdiction
England and Wales
Judgment Date
12 September 2017
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Legal Professional Privilege, Confidential Information, Injunctive Relief, Defamation, Disclosure of Privileged Documents
Civil Procedure Media Law Confidentiality Legal Professional Privilege Confidential Information Injunctive Relief Defamation Disclosure of Privileged Documents

Case Brief

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Parties

Bruno Lachaux

Claimant/respondent

Independent Print Limited

Defendant/appellant

Evening Standard Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the defendants and their solicitors may retain and use information contained in documents said to be confidential and subject to legal professional privilege (LPP)
  2. 2 Whether injunctive relief restraining use and disclosure of such documents was properly granted

Ratio Decidendi

The documents were confidential and subject to legal professional privilege. There was no waiver or fraud exception. The public interest in truth does not override privilege. The judge's exercise of discretion to grant injunctive relief was correct and justified.

Court Disposition

Appeal dismissed

Orders

  • Defendants and their solicitors must return the privileged documents to the claimant.
  • All copies of the privileged documents must be destroyed.