Browne v Associated Newspapers Ltd

Browne v Associated Newspapers Ltd

The court held that an injunction should remain in force only in respect of certain categories of information that attract a reasonable expectation of privacy or confidentiality, such as private conversations at dinner parties and financial arrangements between the claimant and Mr Chevalier, save where BP resources were involved. No injunction would be granted to restrain publication of matters relating to the alleged misuse of BP resources, the bare fact of the relationship, or the alleged disclosure of BP confidential information, as these did not attract a reasonable expectation of privacy or were subject to public interest considerations. The claimant's lie to the court did not, in...

Parties
Claimant: Lord Browne of Madingley; Defendant: Associated Newspapers Ltd
Jurisdiction
England and Wales
Judgment Date
09 February 2007
Procedural Posture
Civil / Interim Injunction Application
Outcome
Interim injunction partially granted and partially discharged
Legal Topics
Breach of Confidence, Reasonable Expectation of Privacy, Article 8 ECHR, Article 10 ECHR, Defamation, Interim Injunctions
Media Law Privacy Law Human Rights Breach of Confidence Reasonable Expectation of Privacy Article 8 ECHR Article 10 ECHR Defamation +1 more

Case Brief

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Parties

Lord Browne of Madingley

Claimant

Associated Newspapers Ltd

Defendant

Procedural Posture

Civil / Interim Injunction Application

Legal Issues

  1. 1 Whether the claimant is entitled to an interim injunction restraining publication of certain allegations on grounds of privacy and/or breach of confidence
  2. 2 Whether the information in question attracts a reasonable expectation of privacy under Article 8 ECHR
  3. 3 Whether the Bonnard v Perryman principle precludes injunctive relief where allegations are arguably defamatory

Ratio Decidendi

The court held that an injunction should remain in force only in respect of certain categories of information that attract a reasonable expectation of privacy or confidentiality, such as private conversations at dinner parties and financial arrangements between the claimant and Mr Chevalier, save where BP resources were involved. No injunction would be granted to restrain publication of matters relating to the alleged misuse of BP resources, the bare fact of the relationship, or the alleged disclosure of BP confidential information, as these did not attract a reasonable expectation of privacy or were subject to public interest considerations. The claimant's lie to the court did not, in...

Court Disposition

Interim injunction partially granted and partially discharged

Orders

  • Injunction to remain in force only in respect of certain categories of private/confidential information as specified by the court
  • No injunction to restrain publication of allegations relating to misuse of BP resources, the bare fact of the relationship, or disclosure of BP confidential information