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 personal assistant, owed both contractual and equitable duties of confidence regarding information acquired during her employment. She breached these duties by disclosing and attempting to disclose confidential information to the press. The claimant is entitled to an injunction restraining further disclosures, delivery up of confidential material (including the working diaries, which are the claimant's property), and damages for distress. The defendant's Article 10 right to freedom of expression does not override the claimant's right to privacy under Article 8 in these circumstances.

Citation
[2003] EWHC 1670 (QB)
Parties
Claimant: Lady Archer; Defendant: Jane Williams
Jurisdiction
England and Wales
Judgment Date
03 July 2003
Procedural Posture
Civil (breach of Confidence) / High Court Trial, Final Judgment
Outcome
Judgment for the claimant.
Legal Topics
Breach of Confidence, Employee Confidentiality Obligations, Injunctions, Damages for Distress, Ownership of Work Product, Freedom of Expression Vs. Privacy, Human Rights Act 1998, Article 8 and Article 10 ECHR
Employment Law Confidentiality Law Human Rights Breach of Confidence Employee Confidentiality Obligations Injunctions Damages for Distress Ownership of Work Product +3 more

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Parties

Lady Archer

Claimant

Jane Williams

Defendant

Procedural Posture

Civil (breach of Confidence) / High Court Trial, Final Judgment

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 personal assistant, owed both contractual and equitable duties of confidence regarding information acquired during her employment. She breached these duties by disclosing and attempting to disclose confidential information to the press. The claimant is entitled to an injunction restraining further disclosures, delivery up of confidential material (including the working diaries, which are the claimant's property), and damages for distress. The defendant's Article 10 right to freedom of expression does not override the claimant's right to privacy under Article 8 in these circumstances.

Court Disposition

Judgment for the claimant.

Orders

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