Burrell v Clifford [2016] EWHC 294 (Ch) (19 February 2016)

Burrell v Clifford [2016] EWHC 294 (Ch) (19 February 2016)

The court found that Mr Burrell provided the letter to Mr Clifford in circumstances importing an obligation of confidence and for the limited purpose of PR advice, not for sale to the media. Mr Clifford's disclosure of the letter to the News of the World was unauthorised and constituted both a breach of confidence and misuse of private information. The claim was not time-barred because the limitation period was postponed by Mr Clifford's concealment of the disclosure.

Citation
[2016] EWHC 294 (Ch)
Parties
Claimant: Paul Burrell; Defendant: Max Clifford
Jurisdiction
England and Wales
Judgment Date
19 February 2016
Procedural Posture
Civil / Trial Judgment
Outcome
Claim allowed
Legal Topics
Breach of Confidence, Misuse of Private Information, Limitation Period, Damages Assessment
Privacy Law Media Law Tort Law Breach of Confidence Misuse of Private Information Limitation Period Damages Assessment

Case Brief

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Parties

Paul Burrell

Claimant

Max Clifford

Defendant

Procedural Posture

Civil / Trial Judgment

Legal Issues

  1. 1 Whether the defendant's communication of the claimant's confidential letter to a newspaper was authorised
  2. 2 Whether the defendant's actions constituted a breach of confidence and/or misuse of private information
  3. 3 Whether the claim was time-barred under the Limitation Act 1980 or postponed by concealment

Ratio Decidendi

The court found that Mr Burrell provided the letter to Mr Clifford in circumstances importing an obligation of confidence and for the limited purpose of PR advice, not for sale to the media. Mr Clifford's disclosure of the letter to the News of the World was unauthorised and constituted both a breach of confidence and misuse of private information. The claim was not time-barred because the limitation period was postponed by Mr Clifford's concealment of the disclosure.

Court Disposition

Claim allowed

Orders

  • Defendant found liable for breach of confidence and misuse of private information
  • Defendant ordered to pay damages to the claimant (quantum to be assessed)