Winstone & Ors v MGB Ltd

Winstone & Ors v MGB Ltd

The Partington Note remains privileged and confidential; injunctive relief is granted restraining claimants from relying on it, but no part of the pleadings is struck out as the references can be proved by other evidence. The Grigson Comments are not confidential, privilege does not attach, and no injunctive relief is granted in respect of them.

Parties
Claimants: Winstone and Others; Defendant: MGN Limited
Jurisdiction
England and Wales
Judgment Date
15 February 2019
Procedural Posture
Civil / Interlocutory Application for Injunction and Strike Out
Outcome
Application granted in part and refused in part
Legal Topics
Phone Hacking, Confidentiality, Legal Professional Privilege, Injunctive Relief, Pleadings, Public Interest

Case Brief

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Parties

Winstone and Others

Claimants

MGN Limited

Defendant

Procedural Posture

Civil / Interlocutory Application for Injunction and Strike Out

  1. 1 Whether the Partington Note retains legal professional privilege and confidentiality
  2. 2 Whether injunctive relief should be granted to restrain claimants from relying on the Partington Note or Grigson Comments
  3. 3 Whether any part of the pleadings should be struck out for referencing privileged material

Ratio Decidendi

The Partington Note remains privileged and confidential; injunctive relief is granted restraining claimants from relying on it, but no part of the pleadings is struck out as the references can be proved by other evidence. The Grigson Comments are not confidential, privilege does not attach, and no injunctive relief is granted in respect of them.

Court Disposition

Application granted in part and refused in part

Orders

  • MGN to provide the lead solicitor for the Claimants with a copy of the Brown Statement redacted to remove the Partington Note but indicate its location.
  • Montgomery documents to be redacted to remove quotations of the Partington Note.