Barclay & Anor v Barclay & Ors

Barclay & Anor v Barclay & Ors

There is a sufficient prospect that the information is confidential and that the defendants have a right of confidence in it, justifying a temporary reporting restriction until fuller evidence and argument can be considered.

Parties
Claimant: Sir Frederick Barclay; Claimant: Amanda Barclay; Defendant: Alistair Barclay; Defendant: Aidan Barclay; Defendant: Howard Barclay; Defendant: Andrew Barclay; Defendant: Philip Peters
Jurisdiction
England and Wales
Judgment Date
06 May 2020
Procedural Posture
Civil / Interim Application for Reporting Restriction Order
Outcome
Interim reporting restriction order granted
Legal Topics
Reporting Restrictions, Confidential Information, Interim Injunctions
Media Law Confidentiality Civil Procedure Reporting Restrictions Confidential Information Interim Injunctions

Case Brief

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Parties

Sir Frederick Barclay

Claimant

Amanda Barclay

Claimant

Alistair Barclay

Defendant

Aidan Barclay

Defendant

Howard Barclay

Defendant

Andrew Barclay

Defendant

Philip Peters

Defendant

Procedural Posture

Civil / Interim Application for Reporting Restriction Order

Legal Issues

  1. 1 Whether the information in the claimants' skeleton argument is confidential
  2. 2 Whether the defendants have a right of confidence in the information
  3. 3 Whether prior disclosure in a public hearing destroys confidentiality

Ratio Decidendi

There is a sufficient prospect that the information is confidential and that the defendants have a right of confidence in it, justifying a temporary reporting restriction until fuller evidence and argument can be considered.

Court Disposition

Interim reporting restriction order granted

Orders

  • Reporting restriction granted in relation to specified redacted parts of the skeleton argument
  • Timetable to be set for further evidence and argument if parties wish