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
Summary, issues, holding and outcome
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Parties
Winstone and Others
Claimants
MGN Limited
Defendant
Procedural Posture
Civil / Interlocutory Application for Injunction and Strike Out
Legal Issues
- 1 Whether the Partington Note retains legal professional privilege and confidentiality
- 2 Whether injunctive relief should be granted to restrain claimants from relying on the Partington Note or Grigson Comments
- 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.
Full Case Text
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