Fortescue Metals Group Ltd & Anor v Argus Media Limited & Anor

Fortescue Metals Group Ltd & Anor v Argus Media Limited & Anor

The application for an interim injunction was dismissed because the court, applying s.12 HRA, found no sufficient basis for relief at the interim stage, the costs were awarded to the defendants as the successful parties, and permission to appeal was refused as there was no realistic prospect of success or need for appellate clarification.

Parties
Claimant: Fortescue Metals Group Ltd; Claimant: Chichester Metals Pty Ltd; Defendant: Argus Media Limited; Defendant: S&P Global Inc.
Jurisdiction
England and Wales
Judgment Date
22 May 2020
Procedural Posture
Civil / Ruling on Application for Interim Injunction, Costs, and Permission to Appeal
Outcome
Application for interim injunction dismissed; costs awarded to defendants; permission to appeal refused.
Legal Topics
Interim Injunction, Costs, Permission to Appeal, Breach of Confidence, Freedom of Expression
Civil Procedure Media Law Confidentiality Interim Injunction Costs Permission to Appeal Breach of Confidence Freedom of Expression

Case Brief

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Parties

Fortescue Metals Group Ltd

Claimant

Chichester Metals Pty Ltd

Claimant

Argus Media Limited

Defendant

S&P Global Inc.

Defendant

Procedural Posture

Civil / Ruling on Application for Interim Injunction, Costs, and Permission to Appeal

Legal Issues

  1. 1 Whether the claimants are entitled to an interim injunction restraining publication of confidential information
  2. 2 Appropriate order for costs following dismissal of the application
  3. 3 Whether permission to appeal should be granted

Ratio Decidendi

The application for an interim injunction was dismissed because the court, applying s.12 HRA, found no sufficient basis for relief at the interim stage, the costs were awarded to the defendants as the successful parties, and permission to appeal was refused as there was no realistic prospect of success or need for appellate clarification.

Court Disposition

Application for interim injunction dismissed; costs awarded to defendants; permission to appeal refused.

Orders

  • Claimants to pay First Defendant £80,000 and Second Defendant £140,000 on account of costs within 14 days.
  • Costs to be assessed on the standard basis if not agreed.