Brake & Anor v Guy & Ors (Preliminary Issue)

Brake & Anor v Guy & Ors (Preliminary Issue)

The public interest (iniquity) defence is available in law to both breach of confidence and misuse of private information claims, even where the information was unlawfully accessed, provided the facts pleaded (if proved) would justify disclosure in the public interest or for the protection of the rights of others. The precise application depends on the facts and the documents disclosed, but the defence cannot be excluded as a matter of law at this stage.

Parties
Claimant: Nihal Mohammed Kamal Brake; Claimant: Andrew Young Brake; Defendant: Geoffrey William Guy; Defendant: The Chedington Court Estate Limited; Defendant: Axnoller Events Limited
Jurisdiction
England and Wales
Judgment Date
25 March 2021
Procedural Posture
Civil / Preliminary Issue Judgment
Outcome
Preliminary issue determined in favour of the defendants; the iniquity defence is available as a matter of law.
Legal Topics
Breach of Confidence, Misuse of Private Information, Public Interest Defence, Iniquity Defence, Privacy, Disclosure of Confidential Information
Civil Procedure Equity Tort Breach of Confidence Misuse of Private Information Public Interest Defence Iniquity Defence Privacy +1 more

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Parties

Nihal Mohammed Kamal Brake

Claimant

Andrew Young Brake

Claimant

Geoffrey William Guy

Defendant

The Chedington Court Estate Limited

Defendant

Axnoller Events Limited

Defendant

Procedural Posture

Civil / Preliminary Issue Judgment

Legal Issues

  1. 1 Whether the 'iniquity defence' (public interest defence) is available to the defendants as a matter of law to claims for breach of confidence and misuse of private information based on the facts pleaded.

Ratio Decidendi

The public interest (iniquity) defence is available in law to both breach of confidence and misuse of private information claims, even where the information was unlawfully accessed, provided the facts pleaded (if proved) would justify disclosure in the public interest or for the protection of the rights of others. The precise application depends on the facts and the documents disclosed, but the defence cannot be excluded as a matter of law at this stage.

Court Disposition

Preliminary issue determined in favour of the defendants; the iniquity defence is available as a matter of law.