ZXC v Bloomberg L.P.

ZXC v Bloomberg L.P.

The claimant had a reasonable expectation of privacy in the information published by the defendant, which was drawn from a confidential Letter of Request relating to an ongoing criminal investigation in which he was a suspect but had not been charged. The public interest in maintaining the confidentiality of such information and protecting the claimant's privacy outweighed the defendant's Article 10 rights in this case. The defendant's publication constituted misuse of private information. The claimant was entitled to an injunction and damages.

Parties
Claimant: ZXC; Defendant: Bloomberg L.P.
Jurisdiction
England and Wales
Judgment Date
17 April 2019
Procedural Posture
Civil / Final Judgment After Trial
Outcome
Claim for misuse of private information succeeds. Injunction and damages granted.
Legal Topics
Misuse of Private Information, Reasonable Expectation of Privacy, Public Interest Defence, Confidentiality of Law Enforcement Documents, Interim Injunctions, Damages for Privacy Breach
Media Law Privacy Law Tort Law Misuse of Private Information Reasonable Expectation of Privacy Public Interest Defence Confidentiality of Law Enforcement Documents Interim Injunctions +1 more

Case Brief

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Parties

ZXC

Claimant

Bloomberg L.P.

Defendant

Procedural Posture

Civil / Final Judgment After Trial

Legal Issues

  1. 1 Whether the claimant had a reasonable expectation of privacy in information relating to a criminal investigation into his activities.
  2. 2 Whether publication of information from a confidential Letter of Request (LoR) by a media organisation constituted misuse of private information.
  3. 3 Whether any privacy rights were outweighed by the defendant's Article 10 rights (freedom of expression).

Ratio Decidendi

The claimant had a reasonable expectation of privacy in the information published by the defendant, which was drawn from a confidential Letter of Request relating to an ongoing criminal investigation in which he was a suspect but had not been charged. The public interest in maintaining the confidentiality of such information and protecting the claimant's privacy outweighed the defendant's Article 10 rights in this case. The defendant's publication constituted misuse of private information. The claimant was entitled to an injunction and damages.

Court Disposition

Claim for misuse of private information succeeds. Injunction and damages granted.

Orders

  • Defendant restrained from publishing the private information relating to the claimant drawn from the Letter of Request.
  • Defendant to pay damages to the claimant in the sum of £25,000.