Lachaux v Independent Print Ltd/ Evening Standard Ltd [2015] EWHC 3677 (QB) (18 December 2015)

Lachaux v Independent Print Ltd/ Evening Standard Ltd [2015] EWHC 3677 (QB) (18 December 2015)

The documents in question are subject to legal professional privilege and retain their confidential character; there is insufficient evidence that privilege or confidentiality has been lost by prior dissemination; public interest in the emergence of truth does not override privilege in this context; no sufficient...

Source-derived case information.

Citation
[2015] EWHC 3677
Parties
Claimant: Bruno Lachaux; Defendants: Independent Print Limited/ Evening Standard Ltd
Jurisdiction
England and Wales
Judgment Date
18 December 2015
Procedural Posture
Libel Actions (applications Within Ongoing Defamation Proceedings) / Interlocutory Application for Injunction and Delivery Up of Documents
Outcome
Injunction granted; relief for delivery up of documents to be determined subject to further submissions.
Legal Topics
Legal Professional Privilege (lpp), Breach of Confidence, Injunctions, Disclosure of Documents, Public Interest Defence, Human Rights Balancing, Defamation Act 2013 S.1(1)
Defamation Confidentiality Legal Professional Privilege Human Rights Legal Professional Privilege (lpp) Breach of Confidence Injunctions Disclosure of Documents +3 more

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Parties

Bruno Lachaux

Claimant

Independent Print Limited/ Evening Standard Ltd

Defendants

Procedural Posture

Libel Actions (applications Within Ongoing Defamation Proceedings) / Interlocutory Application for Injunction and Delivery Up of Documents

Legal Issues

  1. 1 Whether documents obtained by defendants from claimant's former wife are subject to legal professional privilege and confidentiality
  2. 2 Whether any duty of confidentiality has been lost by prior disclosure
  3. 3 Whether the court should exercise discretion to grant an injunction restraining use of the documents

Ratio Decidendi

The documents in question are subject to legal professional privilege and retain their confidential character; there is insufficient evidence that privilege or confidentiality has been lost by prior dissemination; public interest in the emergence of truth does not override privilege in this context; no sufficient equitable or discretionary grounds exist to refuse the injunction; therefore, the claimant is entitled to an injunction restraining the defendants from using the documents.

Court Disposition

Injunction granted; relief for delivery up of documents to be determined subject to further submissions.

Orders

  • Defendants restrained from using the documents obtained from Ms Lachaux that are subject to legal professional privilege.
  • Further relief on delivery up of documents to be determined after submissions on the form of order.