ABC & Ors v Telegraph Media Group Ltd [2018] EWCA Civ 2329 (23 October 2018)

ABC & Ors v Telegraph Media Group Ltd [2018] EWCA Civ 2329 (23 October 2018)

The Court of Appeal held that the judge below erred by failing to give sufficient weight to the likelihood that the information was obtained in breach of confidence and NDAs, to the public policy in upholding NDAs freely entered into with legal advice, and to the risk of serious, irreversible harm to the claimants. The court found it likely that the claimants would establish at trial that the information was confidential and not already in the public domain, and that a public interest defence would not succeed. Accordingly, an interim injunction was justified pending a speedy trial.

Citation
[2018] EWCA Civ 2329
Parties
Appellants: ABC & Others; Respondent: Telegraph Media Group Limited
Jurisdiction
England and Wales
Judgment Date
23 October 2018
Procedural Posture
Appeal (civil) / Interlocutory Appeal Against Refusal of Interim Injunction
Outcome
Appeal allowed
Legal Topics
Interim Injunctions, Breach of Confidence, Non Disclosure Agreements (ndas), Freedom of Expression, Article 8 ECHR, Article 10 ECHR, Public Interest Defence, Settlement Agreements
Media Law Employment Law Contract Law Human Rights Interim Injunctions Breach of Confidence Non Disclosure Agreements (ndas) Freedom of Expression +4 more

Case Brief

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Parties

ABC & Others

Appellants

Telegraph Media Group Limited

Respondent

Procedural Posture

Appeal (civil) / Interlocutory Appeal Against Refusal of Interim Injunction

Legal Issues

  1. 1 Whether an interim injunction should be granted to restrain publication of confidential information allegedly obtained 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 held that the judge below erred by failing to give sufficient weight to the likelihood that the information was obtained in breach of confidence and NDAs, to the public policy in upholding NDAs freely entered into with legal advice, and to the risk of serious, irreversible harm to the claimants. The court found it likely that the claimants would establish at trial that the information was confidential and not already in the public domain, and that a public interest defence would not succeed. Accordingly, an interim injunction was justified pending a speedy trial.

Court Disposition

Appeal allowed

Orders

  • Interim injunction granted restraining publication of specified confidential information pending trial
  • Order for expedited (speedy) trial