The Jockey Club v Buffham [2002] EWHC 1866 (QB) (13 September 2002)

The Jockey Club v Buffham [2002] EWHC 1866 (QB) (13 September 2002)

The BBC, as a third party, is not bound by the final injunction against Mr Buffham, and the public interest in disclosure of the confidential information concerning alleged corruption and regulatory failures in horseracing outweighs the Jockey Club's right of confidence. The proportional balance, considering the nature of the information, the public role of the Jockey Club, and the responsible approach of the BBC, justifies permitting the BBC to use the specified confidential documents in its Panorama programme, subject to agreed redactions to protect police informants.

Citation
[2002] EWHC 1866
Parties
Claimant: The Jockey Club; Defendant: Roger Buffham; First Applicant: British Broadcasting Corporation; Second Applicant: The Chief Constable of the Greater Manchester Police
Jurisdiction
England and Wales
Judgment Date
13 September 2002
Procedural Posture
Application to Vary Injunction in Civil Action / Post Settlement, Interlocutory Application by Third Party
Outcome
Application granted in part; BBC not bound by final injunction; public interest justifies disclosure with conditions.
Legal Topics
Breach of Confidence, Freedom of Expression, Public Interest Defence, Injunctions, Third Party Rights, Employment Settlement Agreements
Media Law Confidentiality Employment Law Human Rights Breach of Confidence Freedom of Expression Public Interest Defence Injunctions +2 more

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Parties

The Jockey Club

Claimant

Roger Buffham

Defendant

British Broadcasting Corporation

First Applicant

The Chief Constable of the Greater Manchester Police

Second Applicant

Procedural Posture

Application to Vary Injunction in Civil Action / Post Settlement, Interlocutory Application by Third Party

Legal Issues

  1. 1 Does a final injunction in a breach of confidence action bind third parties such as the BBC?
  2. 2 Is the information in question confidential?
  3. 3 Does the public interest justify disclosure of confidential information by the BBC in a television programme?

Ratio Decidendi

The BBC, as a third party, is not bound by the final injunction against Mr Buffham, and the public interest in disclosure of the confidential information concerning alleged corruption and regulatory failures in horseracing outweighs the Jockey Club's right of confidence. The proportional balance, considering the nature of the information, the public role of the Jockey Club, and the responsible approach of the BBC, justifies permitting the BBC to use the specified confidential documents in its Panorama programme, subject to agreed redactions to protect police informants.

Court Disposition

Application granted in part; BBC not bound by final injunction; public interest justifies disclosure with conditions.

Orders

  • The BBC is not subject to the restraint of the injunction against Mr Buffham.
  • The BBC may use the specified confidential documents in its Panorama programme, subject to agreed redactions to protect police informants.