Archer v Williams [2003] EWHC 1670 (QB) (03 July 2003)

Archer v Williams [2003] EWHC 1670 (QB) (03 July 2003)

The defendant, as the claimant's PA, owed contractual and equitable duties of confidence regarding information acquired during employment, which continued after termination. The information disclosed or proposed to be disclosed was confidential and not justified by public interest or freedom of expression. The...

Source-derived case information.

Citation
[2003] EWHC 1670
Parties
Claimant: Lady Archer; Defendant: Jane Williams
Jurisdiction
England and Wales
Judgment Date
03 July 2003
Procedural Posture
Civil (breach of Confidence) / Judgment After Trial
Outcome
Judgment for the claimant.
Legal Topics
Breach of Confidence, Employee Confidentiality Obligations, Injunctions, Damages for Distress, Ownership of Work Materials, Freedom of Expression (article 10 Echr), Right to Privacy (article 8 Echr)
Employment Law Confidentiality Law Human Rights Breach of Confidence Employee Confidentiality Obligations Injunctions Damages for Distress Ownership of Work Materials +2 more

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Summary, issues, holding and outcome

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Parties

Lady Archer

Claimant

Jane Williams

Defendant

Procedural Posture

Civil (breach of Confidence) / Judgment After Trial

Legal Issues

  1. 1 Whether the defendant breached her duty of confidence to the claimant
  2. 2 Whether the claimant is entitled to an injunction restraining future disclosures
  3. 3 Whether the claimant is entitled to damages for past breaches

Ratio Decidendi

The defendant, as the claimant's PA, owed contractual and equitable duties of confidence regarding information acquired during employment, which continued after termination. The information disclosed or proposed to be disclosed was confidential and not justified by public interest or freedom of expression. The claimant was entitled to an injunction restraining further disclosures, delivery up of confidential materials (including the working diaries, which were the claimant's property), and damages for distress caused by the breach.

Court Disposition

Judgment for the claimant.

Orders

  • Injunction restraining the defendant from disclosing confidential information as specified in the order, with agreed exceptions and drafting clarifications.
  • Order for delivery up of the working diaries and any other confidential material held by the defendant.