Deloitte & Touche Llp & Anor v Dickson & Ors

Deloitte & Touche Llp & Anor v Dickson & Ors

The Executive Committee and Executive Counsel of the JDS had power under the Scheme to issue the 2005 Press Notice. While some information in the Press Notice was confidential, the public interest in transparency and proper regulation outweighed the Claimants' right to confidence. The claim for breach of confidence fails and the injunction is not granted.

Parties
Claimant: Deloitte & Touche LLP; Claimant: Martin A Scicluna; Defendant: Christopher Dickson; Defendant: William Morrison; Defendant: The Institute of Chartered Accountants in England and Wales; Defendant: VNU Business Publications Limited
Jurisdiction
England and Wales
Judgment Date
29 April 2005
Procedural Posture
Civil / Final Judgment After Trial of Action
Outcome
Claim dismissed
Legal Topics
Breach of Confidence, Regulatory Powers, Public Interest, Freedom of Expression, Injunctions
Civil Procedure Confidentiality Professional Regulation Breach of Confidence Regulatory Powers Public Interest Freedom of Expression Injunctions

Case Brief

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Parties

Deloitte & Touche LLP

Claimant

Martin A Scicluna

Claimant

Christopher Dickson

Defendant

William Morrison

Defendant

The Institute of Chartered Accountants in England and Wales

Defendant

VNU Business Publications Limited

Defendant

Procedural Posture

Civil / Final Judgment After Trial of Action

Legal Issues

  1. 1 Whether the Executive Committee and Executive Counsel of the JDS had power to issue the 2005 Press Notice
  2. 2 Whether the issue of the 2005 Press Notice breached a duty of confidence owed to the Claimants
  3. 3 Whether the obligation of confidence is displaced by public interest in publication

Ratio Decidendi

The Executive Committee and Executive Counsel of the JDS had power under the Scheme to issue the 2005 Press Notice. While some information in the Press Notice was confidential, the public interest in transparency and proper regulation outweighed the Claimants' right to confidence. The claim for breach of confidence fails and the injunction is not granted.

Court Disposition

Claim dismissed