Gold & Anor v Cox & Anor

Gold & Anor v Cox & Anor

A final non-disclosure injunction was granted because the information at issue was private and confidential, the Defendants consented, and the court found no justification for disclosure. The court declined to reverse the burden of proof in the order, maintaining that the burden lies with the claimant to prove breach.

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, Breach of Confidence, Freedom of Expression
Privacy Employment Law Non Disclosure Injunction Confidential Information Breach of Confidence Freedom of Expression

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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 information in question is private and confidential
  3. 3 Whether the burden of proof regarding public domain information should be reversed in the order

Ratio Decidendi

A final non-disclosure injunction was granted because the information at issue was private and confidential, the Defendants consented, and the court found no justification for disclosure. The court declined to reverse the burden of proof in the order, maintaining that the burden lies with the claimant to prove breach.

Court Disposition

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

Orders

  • Defendants are restrained by final non-disclosure injunction from disclosing private and confidential information about the First Claimant and her family.