Northern Rock Plc v The Financial Times Ltd. & Anor [2007] EWHC 2677 (QB) (16 November 2007)

Northern Rock Plc v The Financial Times Ltd. & Anor [2007] EWHC 2677 (QB) (16 November 2007)

The court held that while an injunction would be futile regarding information already widely published, there remained a category of detailed confidential information from the Briefing Memorandum published only on the FT website. The public interest in upholding duties of confidence and the potential for further harm justified a short-lived injunction pending a full hearing.

Citation
[2007] EWHC 2677 (QB)
Parties
Claimant: Northern Rock PLC; 1st Defendant: The Financial Times Limited; Defendant: Person or Persons Unknown; Interested Party: Telegraph Media Group Ltd
Jurisdiction
England and Wales
Judgment Date
16 November 2007
Procedural Posture
Interim Injunction Application / Hearing and Grant of Interim Injunction Pending Return Date
Outcome
Interim injunction granted in part
Legal Topics
Interim Injunctions, Breach of Confidence, Freedom of Expression, Confidential Information, Public Interest Defence
Media Law Confidentiality Contract Law Human Rights Interim Injunctions Breach of Confidence Freedom of Expression Confidential Information +1 more

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Parties

Northern Rock PLC

Claimant

The Financial Times Limited

1st Defendant

Person or Persons Unknown

Defendant

Telegraph Media Group Ltd

Interested Party

Procedural Posture

Interim Injunction Application / Hearing and Grant of Interim Injunction Pending Return Date

Legal Issues

  1. 1 Whether an interim injunction should be granted to restrain publication of confidential commercial information from the Briefing Memorandum
  2. 2 Whether the extent of prior publication defeats the claim for an injunction
  3. 3 Whether the public interest in disclosure outweighs the duty of confidence

Ratio Decidendi

The court held that while an injunction would be futile regarding information already widely published, there remained a category of detailed confidential information from the Briefing Memorandum published only on the FT website. The public interest in upholding duties of confidence and the potential for further harm justified a short-lived injunction pending a full hearing.

Court Disposition

Interim injunction granted in part

Orders

  • Injunction granted restraining publication of confidential information from the Briefing Memorandum not already widely published, effective until the return date.
  • No injunction granted in respect of information already published in the Daily Telegraph and other media.