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 confidential and subject to legal professional privilege; there is insufficient evidence that confidentiality has been lost by prior disclosure; the public interest in the emergence of truth does not override privilege in this context; the court's discretion should be exercised to grant an injunction restraining the defendants from using the documents.

Citation
[2015] EWHC 3677 (QB)
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 granted subject to further submissions on form of order.
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 confidential and subject to legal professional privilege; there is insufficient evidence that confidentiality has been lost by prior disclosure; the public interest in the emergence of truth does not override privilege in this context; the court's discretion should be exercised to grant an injunction restraining the defendants from using the documents.

Court Disposition

Injunction granted; relief for delivery up of documents granted subject to further submissions on form of order.

Orders

  • Defendants restrained from using the documents obtained from Ms Lachaux in these proceedings.
  • Defendants to deliver up the documents to the claimant, subject to further submissions on the form of the order.