Osborne v British Broadcasting Corporation & Anor [1999] ScotCS 191 (13 August 1999)

Osborne v British Broadcasting Corporation & Anor [1999] ScotCS 191 (13 August 1999)

No prima facie case was established to justify the grant of an interim interdict, as the confidentiality agreement between the petitioner and the Council could not bind third parties, and the pleadings did not support an independent ground of confidentiality against the respondents.

Citation
[1999] ScotCS 191
Parties
Petitioner and Respondent: Dr Avril Osborne; First Respondents and Reclaimers: British Broadcasting Corporation; Second Respondents and Reclaimers: The Orcadian Limited
Jurisdiction
Scotland
Judgment Date
13 August 1999
Procedural Posture
Reclaiming Motion in Petition for Interdict / Appeal Against Interim Interdict
Outcome
Interlocutor of 29 July recalled; interim interdict refused
Legal Topics
Interim Interdict, Confidentiality, Third Party Rights, Freedom of Expression
Civil Procedure Media Law Contract Law Interim Interdict Confidentiality Third Party Rights Freedom of Expression

Case Brief

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Parties

Dr Avril Osborne

Petitioner and Respondent

British Broadcasting Corporation

First Respondents and Reclaimers

The Orcadian Limited

Second Respondents and Reclaimers

Procedural Posture

Reclaiming Motion in Petition for Interdict / Appeal Against Interim Interdict

Legal Issues

  1. 1 Whether a contractual confidentiality clause between an employee and employer can bind third parties such as media organisations
  2. 2 Whether a prima facie case for interim interdict was established based on confidentiality

Ratio Decidendi

No prima facie case was established to justify the grant of an interim interdict, as the confidentiality agreement between the petitioner and the Council could not bind third parties, and the pleadings did not support an independent ground of confidentiality against the respondents.

Court Disposition

Interlocutor of 29 July recalled; interim interdict refused

Orders

  • Recall of interim interdict granted on 29 July 1999