Goodwin v NGN Ltd

Goodwin v NGN Ltd

Given the public positions of Sir Fred Goodwin and VBN at RBS, there is no reasonable expectation of privacy regarding the bare fact of their relationship or VBN's job description. Publication of VBN's job description is justified by public interest in corporate governance and is not disproportionate. However, publication of VBN's name would constitute an unnecessary intrusion and is not justified.

Parties
Claimant: Sir Frederick Goodwin; Defendant: NGN Ltd; Interested Party: VBN
Jurisdiction
England and Wales
Judgment Date
09 June 2011
Procedural Posture
Civil / Application to Vary Injunction
Outcome
Application succeeds in part and fails in part
Legal Topics
Reasonable Expectation of Privacy, Freedom of Expression, Public Interest, Interim Injunctions, Confidentiality, Intrusion, Harassment
Privacy Law Media Law Human Rights Reasonable Expectation of Privacy Freedom of Expression Public Interest Interim Injunctions Confidentiality +2 more

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Parties

Sir Frederick Goodwin

Claimant

NGN Ltd

Defendant

VBN

Interested Party

Procedural Posture

Civil / Application to Vary Injunction

Legal Issues

  1. 1 Whether the parties to a sexual relationship have a reasonable expectation of privacy regarding the bare fact of the relationship
  2. 2 Whether publication of the job description or name of VBN should be permitted
  3. 3 Whether the public interest justifies disclosure

Ratio Decidendi

Given the public positions of Sir Fred Goodwin and VBN at RBS, there is no reasonable expectation of privacy regarding the bare fact of their relationship or VBN's job description. Publication of VBN's job description is justified by public interest in corporate governance and is not disproportionate. However, publication of VBN's name would constitute an unnecessary intrusion and is not justified.

Court Disposition

Application succeeds in part and fails in part

Orders

  • Injunction varied to permit disclosure of VBN's job description
  • Prohibition on publication of VBN's name remains in place