Lachaux v Independent Print Ltd/ Evening Standard Ltd

Lachaux v Independent Print Ltd/ Evening Standard Ltd

The documents are confidential and subject to legal professional privilege; there is insufficient evidence that confidentiality has been lost through dissemination; public interest in the emergence of truth does not override privilege; none of the discretionary factors advanced by the Defendants justify refusal of relief; the court grants the injunction restraining use of the documents and orders delivery up.

Parties
Claimant: Bruno Lachaux; Defendant: Independent Print Limited; Defendant: Evening Standard Ltd
Jurisdiction
England and Wales
Judgment Date
18 December 2015
Procedural Posture
Libel Action / Interlocutory Application for Injunction and Delivery Up of Documents
Outcome
Injunction granted; relief sought in the application notices allowed, subject to further submissions on form of order.
Legal Topics
Libel, Legal Professional Privilege, Breach of Confidence, Human Rights, Freedom of Expression, Privacy, Equitable Remedies
Defamation Confidentiality Legal Professional Privilege Human Rights Libel Breach of Confidence Freedom of Expression Privacy +1 more

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Parties

Bruno Lachaux

Claimant

Independent Print Limited

Defendant

Evening Standard Ltd

Defendant

Procedural Posture

Libel Action / Interlocutory Application for Injunction and Delivery Up of Documents

Legal Issues

  1. 1 Whether the documents are subject to legal professional privilege and confidentiality
  2. 2 Whether the Defendants and Ms Lachaux breached a duty of confidentiality
  3. 3 Whether any duty of confidentiality has been lost through dissemination

Ratio Decidendi

The documents are confidential and subject to legal professional privilege; there is insufficient evidence that confidentiality has been lost through dissemination; public interest in the emergence of truth does not override privilege; none of the discretionary factors advanced by the Defendants justify refusal of relief; the court grants the injunction restraining use of the documents and orders delivery up.

Court Disposition

Injunction granted; relief sought in the application notices allowed, subject to further submissions on form of order.

Orders

  • Defendants restrained from using the information in the documents, particularly in the libel actions.
  • Defendants ordered to deliver up the documents obtained from Ms Lachaux.