Gold & Anor v Cox & Anor [2012] EWHC 367 (QB) (24 February 2012)

Gold & Anor v Cox & Anor [2012] EWHC 367 (QB) (24 February 2012)

A final non-disclosure injunction was granted because the information at issue was private and confidential, and the Defendants had consented to the order. The court refused to reverse the burden of proof in the public domain proviso, holding that the burden remains on the claimant to prove a breach, consistent with contempt law principles.

Citation
[2012] EWHC 367 (QB)
Parties
Claimant: Jacqueline Gold; Claimant: Ann Summers Ltd; Defendant: Allison Cox; Defendant: Leanne Bingham
Jurisdiction
England and Wales
Judgment Date
24 February 2012
Procedural Posture
Civil / Final Judgment on Non Disclosure Injunction
Outcome
Final non-disclosure injunction granted in favour of the Claimants.
Legal Topics
Non Disclosure Injunction, Confidential Information, Freedom of Expression, Burden of Proof
Privacy Employment Law Non Disclosure Injunction Confidential Information Freedom of Expression Burden of Proof

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Parties

Jacqueline Gold

Claimant

Ann Summers Ltd

Claimant

Allison Cox

Defendant

Leanne Bingham

Defendant

Procedural Posture

Civil / Final Judgment on Non Disclosure Injunction

Legal Issues

  1. 1 Whether a final non-disclosure injunction should be granted against the Defendants
  2. 2 Whether the burden of proof in relation to the public domain proviso should be reversed

Ratio Decidendi

A final non-disclosure injunction was granted because the information at issue was private and confidential, and the Defendants had consented to the order. The court refused to reverse the burden of proof in the public domain proviso, holding that the burden remains on the claimant to prove a breach, consistent with contempt law principles.

Court Disposition

Final non-disclosure injunction granted in favour of the Claimants.

Orders

  • Defendants are restrained from disclosing private and confidential information about the First Claimant and her family, subject to a public domain proviso as set out in the order.