ABC & Ors v Telegraph Media Group Ltd

ABC & Ors v Telegraph Media Group Ltd

The Court of Appeal found that it was likely that substantial and important parts of the information the Telegraph wished to publish were obtained in breach of a duty of confidence and that the newspaper was aware of the breach or likelihood of breach. The public interest in upholding freely entered NDAs, especially in the context of settlement agreements with independent legal advice and without evidence of impropriety, outweighed the public interest in publication at this interlocutory stage. The risk of immediate, substantial, and possibly irreversible harm to the claimants justified an interim injunction pending a speedy trial.

Parties
Appellants: ABC & Others; Respondent: Telegraph Media Group Limited
Jurisdiction
England and Wales
Judgment Date
23 October 2018
Procedural Posture
Civil Appeal / Appeal From Refusal of Interim Injunction
Outcome
Appeal allowed; interim injunction granted; expedited trial ordered
Legal Topics
Breach of Confidence, Non Disclosure Agreements (ndas), Freedom of Expression, Interim Injunctions, Public Interest Defence
Media Law Contract Law Employment Law Human Rights Breach of Confidence Non Disclosure Agreements (ndas) Freedom of Expression Interim Injunctions +1 more

Case Brief

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Parties

ABC & Others

Appellants

Telegraph Media Group Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From Refusal of Interim Injunction

Legal Issues

  1. 1 Whether an interim injunction should be granted to restrain publication of confidential information allegedly disclosed in breach of NDAs
  2. 2 Whether the public interest in publication outweighs the confidentiality attaching to the information
  3. 3 Whether the claimants are likely to succeed at trial in restraining publication

Ratio Decidendi

The Court of Appeal found that it was likely that substantial and important parts of the information the Telegraph wished to publish were obtained in breach of a duty of confidence and that the newspaper was aware of the breach or likelihood of breach. The public interest in upholding freely entered NDAs, especially in the context of settlement agreements with independent legal advice and without evidence of impropriety, outweighed the public interest in publication at this interlocutory stage. The risk of immediate, substantial, and possibly irreversible harm to the claimants justified an interim injunction pending a speedy trial.

Court Disposition

Appeal allowed; interim injunction granted; expedited trial ordered

Orders

  • Interim injunction granted restraining publication of specified confidential information pending trial
  • Order for a speedy trial