The claimant anti-asbestos campaigners complained that the defendant investigators had infringed their various rights of privacy. They now sought discovery to support the claim.
Held: the contents of the witness statements do show that it is more than speculative that these Claimants could, if their recollection was prompted by seeing documents, formulate a claim with a sufficient prospect of success to go forward against the Second and Third Defendants, and it is in the interests of justice that the Claimants should be released from their undertaking in terms to be settled in the form of an order, so as to permit the Claimants’ solicitors to show to these individuals documents already disclosed by the First Defendant, and to be disclosed by the Second and Third Defendants pursuant to their offer.
Judges:
Sir Michael Tugendhat
Citations:
[2017] EWHC 242 (QB)
Links:
Statutes:
Data Protection Act 1998 13(3)
Jurisdiction:
England and Wales
Citing:
Cited – Industrial Furnaces v Reaves 1970
The plaintiffs succeeded at the trial in respect of their claim for misuse of confidential information and other claims, and their entitlement to an injunction and delivery up of material containing confidential information. In argument about the . .
Cited – Imerman v Tchenguiz and Others QBD 27-Jul-2009
It was said that the defendant had taken private and confidential material from the claimant’s computer. The claimant sought summary judgement for the return of materials and destruction of copies. The defendant denied that summary judgement was . .
Cited – Caterpillar Logistics Services (UK) Ltd v De Crean CA 21-Feb-2012
The claimant company sought to restrain its former employee from anticipated misuse of its confidential information.
Held: Stanley Burnton LJ, in a paragraph with which the other members of the court agreed, said: ‘[counsel for the claimant] . .
Cited – Nottingham Building Society v Eurodynamics Systems plc 1993
The court laid down tests for the granting of mandatory interim injunctions. The court should consider whether there was a high degree of confidence that the applicant would succeed in establishing his right at trial. The higher that confidence, the . .
Cited – Zockoll Group Limited v Mercury Communications Limited CA 8-Jul-1997
. .
Cited – Cream Holdings Limited and others v Banerjee and The Liverpool Daily Post and Echo Limited CA 13-Feb-2003
The defendants considered publication of alleged financial irregularities by the claimant, who sought to restrain publication. The defendants argued that under the Act, prior restraint should not be used unless a later court would be likely to . .
Cited – PA Thomas and Co v Mould QBD 1968
The court urged caution in the grant of an injunction to protect information for which confidence was claimed but where that claim might not succeed. O’Connor J refused to enforce by committal an injunction restraining the defendants from making use . .
Cited – Rhodes v OPO and Another SC 20-May-2015
The mother sought to prevent a father from publishing a book about her child’s life. It was to contain passages she said may cause psychological harm to the 12 year old son. Mother and son lived in the USA and the family court here had no . .
Cited – OPO v MLA and Another CA 9-Oct-2014
The claimant child sought to prevent publication by his father of an autobiography which, he said, would be likely to cause him psychological harm. The father was well known classical musician who said that he had himself suffered sexual abuse as a . .
Cited – Green Corns Ltd. v Claverley Group Ltd and Another QBD 18-May-2005
Whether an injunction should be granted to prevent publication of addresses for proposed homes for troubled children.
Held: The question was not whether information was generally accessible, but rather whether an injunction would serve a . .
Cited – Ashworth Security Hospital v MGN Limited HL 27-Jun-2002
Order for Journalist to Disclose Sources
The newspaper published details of the medical records of Ian Brady, a prisoner and patient of the applicant. The applicant sought an order requiring the defendant newspaper to disclose the identity of the source of material which appeared to have . .
Cited – Imutran Ltd v Uncaged Campaigns Ltd and Another ChD 11-Jan-2001
The test for whether an interim injunction should be granted restraining publication of material claimed to be confidential, where such a grant would infringe the right to freedom of expression was slightly different under the 1998 Act. The . .
Cited – McPhilemy v Times Newspapers Ltd and Others (2) CA 26-May-1999
The new Civil Procedure Rules did not change the circumstances where the Court of Appeal would interfere with a first instance decision, but would apply the new rules on that decision. Very extensive pleadings in defamation cases should now be . .
Cited – Ocular Sciences Ltd v Aspect Vision Care Ltd ChD 11-Nov-1996
The freedom for a claimant in registered design right to frame his claim, as to whether he asserts an infringement of the entire design, or limits it to the section infringed, is important.
Laddie J said: ‘This means that the proprietor can . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 31 January 2022; Ref: scu.575245