Coogan v News Group Newspapers Ltd & Anor [2012] EWCA Civ 48 (01 February 2012)

Coogan v News Group Newspapers Ltd & Anor [2012] EWCA Civ 48 (01 February 2012)

Section 72 of the Senior Courts Act 1981 applies to claims for breach of confidence and misuse of private information, treating confidential commercial and personal information as 'intellectual property', thereby removing privilege against self-incrimination; section 72 is not incompatible with Article 6 ECHR as it contains safeguards against use of compelled evidence in criminal proceedings.

Citation
[2012] EWCA Civ 48
Parties
Claimant/respondent: Stephen John Coogan; Claimant/respondent: Nicola Phillips; First Defendant: News Group Newspapers Limited; Second Defendant/appellant: Glenn Michael Mulcaire
Jurisdiction
England and Wales
Judgment Date
01 February 2012
Procedural Posture
Appeal From High Court (chancery Division) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Privilege Against Self Incrimination, Breach of Confidence, Misuse of Private Information, Interpretation of Section 72 Senior Courts Act 1981
Civil Procedure Privacy Law Intellectual Property Privilege Against Self Incrimination Breach of Confidence Misuse of Private Information Interpretation of Section 72 Senior Courts Act 1981

Case Brief

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Parties

Stephen John Coogan

Claimant/respondent

Nicola Phillips

Claimant/respondent

News Group Newspapers Limited

First Defendant

Glenn Michael Mulcaire

Second Defendant/appellant

Procedural Posture

Appeal From High Court (chancery Division) / Court of Appeal Judgment

Legal Issues

  1. 1 Does section 72 of the Senior Courts Act 1981 remove privilege against self-incrimination in claims for breach of confidence and misuse of private information?
  2. 2 Is intercepted voicemail 'intellectual property' under section 72(5)?
  3. 3 Is section 72 incompatible with Article 6 ECHR?

Ratio Decidendi

Section 72 of the Senior Courts Act 1981 applies to claims for breach of confidence and misuse of private information, treating confidential commercial and personal information as 'intellectual property', thereby removing privilege against self-incrimination; section 72 is not incompatible with Article 6 ECHR as it contains safeguards against use of compelled evidence in criminal proceedings.

Court Disposition

Appeal dismissed

Orders

  • Disclosure orders against Mr Mulcaire upheld
  • Mr Mulcaire required to provide information as ordered by Mann J and Vos J