Interbrew Sa -v- Financial Times & Ors [2001] EWHC Ch 471 (19th December, 2001)

Interbrew Sa -v- Financial Times & Ors [2001] EWHC Ch 471 (19th December, 2001)

The court held that, in the exceptional circumstances of this case, the claimant's and the public's interest in identifying the source of the doctored confidential information—used to manipulate the market and commit a serious criminal offence—overrides the press privilege protecting journalistic sources. The requirements of section 10 of the Contempt of Court Act 1981 are satisfied, and the Norwich Pharmacal relief is justified. The claimant had sufficiently explored other avenues, and the relief sought is necessary and proportionate to the legitimate aim pursued.

Citation
[2001] EWHC Ch 471
Parties
Claimant: Interbrew SA; First Defendant: Financial Times Limited; Second Defendant: Independent Newspapers (UK) Limited; Third Defendant: Guardian Newspapers Limited; Fourth Defendant: Times Newspapers Limited; Fifth Defendant: Reuters Group PLC
Jurisdiction
England and Wales
Procedural Posture
Interlocutory Application (civil) / Judgment on Application for Mandatory Interlocutory Relief
Outcome
Claimant's application for delivery up of documents granted (with conditions).
Legal Topics
Norwich Pharmacal Orders, Breach of Confidence, Press Privilege, Freedom of Expression, Disclosure of Journalistic Sources
Media Law Equity Civil Procedure Norwich Pharmacal Orders Breach of Confidence Press Privilege Freedom of Expression Disclosure of Journalistic Sources

Case Brief

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Parties

Interbrew SA

Claimant

Financial Times Limited

First Defendant

Independent Newspapers (UK) Limited

Second Defendant

Guardian Newspapers Limited

Third Defendant

Times Newspapers Limited

Fourth Defendant

Reuters Group PLC

Fifth Defendant

Procedural Posture

Interlocutory Application (civil) / Judgment on Application for Mandatory Interlocutory Relief

Legal Issues

  1. 1 Whether the claimant is entitled to mandatory interlocutory relief requiring delivery up of documents from media defendants to identify the source of a leak
  2. 2 Whether the public and private interest in identifying the source overrides the press's privilege to protect sources under Article 10 ECHR and section 10 of the Contempt of Court Act 1981

Ratio Decidendi

The court held that, in the exceptional circumstances of this case, the claimant's and the public's interest in identifying the source of the doctored confidential information—used to manipulate the market and commit a serious criminal offence—overrides the press privilege protecting journalistic sources. The requirements of section 10 of the Contempt of Court Act 1981 are satisfied, and the Norwich Pharmacal relief is justified. The claimant had sufficiently explored other avenues, and the relief sought is necessary and proportionate to the legitimate aim pursued.

Court Disposition

Claimant's application for delivery up of documents granted (with conditions).

Orders

  • Defendants who received doctored copies from the source must deliver up the documents to the claimant for examination to assist in identifying the source.
  • The Independent must deliver up its copy only if it is not merely a copy of another defendant's document, as certified by a solicitor.