Browne v Associated Newspapers Ltd [2007] EWHC 202 (QB) (09 February 2007)

Browne v Associated Newspapers Ltd [2007] EWHC 202 (QB) (09 February 2007)

The court held that an injunction would remain in force but only in respect of certain categories of information where there was a reasonable expectation of privacy or confidence, such as private conversations and personal financial arrangements, and where no overriding public interest justified publication....

Source-derived case information.

Citation
[2007] EWHC 202
Parties
Claimant: Lord Browne of Madingley; Defendant: Associated Newspapers Ltd
Jurisdiction
England and Wales
Judgment Date
09 February 2007
Procedural Posture
Interim Injunction Application (privacy/confidence) / Judgment on Return Date After Interim Injunction, Pre Trial
Outcome
Partial injunction granted; scope narrowed
Legal Topics
Misuse of Private Information, Breach of Confidence, Article 8 ECHR (right to Privacy), Article 10 ECHR (freedom of Expression), Interim Injunctions, Clean Hands Doctrine, Defamation Interface, Public Interest Defence
Privacy Law Media Law Human Rights Law Misuse of Private Information Breach of Confidence Article 8 ECHR (right to Privacy) Article 10 ECHR (freedom of Expression) Interim Injunctions +3 more

Source-derived case record

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Parties

Lord Browne of Madingley

Claimant

Associated Newspapers Ltd

Defendant

Procedural Posture

Interim Injunction Application (privacy/confidence) / Judgment on Return Date After Interim Injunction, Pre Trial

Legal Issues

  1. 1 Whether the claimant is entitled to an injunction restraining publication of information on grounds of privacy and/or confidence
  2. 2 Whether Article 8 ECHR rights are engaged in relation to business-related information
  3. 3 Whether the Bonnard v Perryman principle precludes injunctive relief where allegations are potentially defamatory

Ratio Decidendi

The court held that an injunction would remain in force but only in respect of certain categories of information where there was a reasonable expectation of privacy or confidence, such as private conversations and personal financial arrangements, and where no overriding public interest justified publication. However, no injunction would be granted in respect of information relating to the alleged misuse of BP resources, the bare fact of the relationship, or the communication of BP confidential information to Mr Chevalier, as these did not attract privacy protection or were already in the public domain. The claimant's lie to the court did not, in this instance, bar relief, but was a...

Court Disposition

Partial injunction granted; scope narrowed

Orders

  • Injunction to restrain publication of certain private and confidential information to remain in force, but on a more limited basis than previously ordered.
  • No injunction in respect of information relating to alleged misuse of BP resources, the bare fact of the relationship, or the communication of BP confidential information to Mr Chevalier.