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 is not bound by the final injunction against Mr Buffham and is not at risk of contempt for publishing the confidential documents. The public interest in disclosure of information relating to alleged corruption in horseracing outweighs the Jockey Club's right of confidence, especially given the Jockey Club's public regulatory role and the responsible approach of the BBC. The proportionality test favours limited disclosure for the purposes of the Panorama programme, subject to agreed redactions protecting police informants.

Citation
[2002] EWHC 1866 (QB)
Parties
Claimant: The Jockey Club; Defendant: Roger Buffham; First Applicant: British Broadcasting Corporation; Second Applicant: Chief Constable of the Greater Manchester Police
Jurisdiction
England and Wales
Judgment Date
13 September 2002
Procedural Posture
Application to Vary Injunction in Civil Proceedings / Post Final Order, Interlocutory Application
Outcome
Application granted in part; BBC not restrained by the terms of the injunction against Buffham.
Legal Topics
Breach of Confidence, Public Interest Defence, Freedom of Expression, Injunctive Relief, Third Party Liability, Human Rights Act 1998, S.12, Duty of Confidence, Proportionality Balancing
Confidentiality Media Law Employment Law Human Rights Breach of Confidence Public Interest Defence Freedom of Expression Injunctive Relief +4 more

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Parties

The Jockey Club

Claimant

Roger Buffham

Defendant

British Broadcasting Corporation

First Applicant

Chief Constable of the Greater Manchester Police

Second Applicant

Procedural Posture

Application to Vary Injunction in Civil Proceedings / Post Final Order, Interlocutory Application

Legal Issues

  1. 1 Does a final injunction in a breach of confidence action bind third parties?
  2. 2 Is the BBC entitled to use confidential Jockey Club documents in the public interest?
  3. 3 What is the correct balance between confidentiality and freedom of expression under Article 10 ECHR?

Ratio Decidendi

The BBC is not bound by the final injunction against Mr Buffham and is not at risk of contempt for publishing the confidential documents. The public interest in disclosure of information relating to alleged corruption in horseracing outweighs the Jockey Club's right of confidence, especially given the Jockey Club's public regulatory role and the responsible approach of the BBC. The proportionality test favours limited disclosure for the purposes of the Panorama programme, subject to agreed redactions protecting police informants.

Court Disposition

Application granted in part; BBC not restrained by the terms of the injunction against Buffham.

Orders

  • BBC permitted to use specified confidential documents in the Panorama programme, subject to agreed redactions protecting police informants.
  • Precise form of modification to restraint against BBC to be subject to further argument if necessary.