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)

A short-lived injunction was justified to restrain further publication of detailed confidential information from the Briefing Memorandum that had only been published in full on the FT.com website, as the public interest in upholding duties of confidence outweighed the arguments for disclosure, and the extent of prior publication elsewhere was insufficient to defeat confidentiality for the unredacted material.

Citation
[2007] EWHC 2677
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 / Interim Relief Before Trial
Outcome
Interim injunction granted in part
Legal Topics
Interim Injunctions, Breach of Confidence, Freedom of Expression, Confidential Information, Public Interest Defence
Media Law Contract Law Confidentiality 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 / Interim Relief Before Trial

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 confidentiality
  3. 3 Whether the public interest in disclosure outweighs the claimant's rights to confidentiality

Ratio Decidendi

A short-lived injunction was justified to restrain further publication of detailed confidential information from the Briefing Memorandum that had only been published in full on the FT.com website, as the public interest in upholding duties of confidence outweighed the arguments for disclosure, and the extent of prior publication elsewhere was insufficient to defeat confidentiality for the unredacted material.

Court Disposition

Interim injunction granted in part

Orders

  • Injunction restraining publication of information from the Briefing Memorandum not already widely published, to last until the return date (20 November 2007)
  • No injunction against republication of extracts already published in the Daily Telegraph or other media prior to the FT.com publication