The solicitor and proposed executor of the will of the infamous Moors Murder sought an injunction to prevent the publication by the defendant newspaper of the terms of the will, alleging that the information had been received in breach of confidence. The court now gave reasons for refusal of the application.
Held: ‘i) there was a public interest in the fact that the will contained details of a book which Brady had apparently written about his crimes which he wanted published;
ii) there was obviously no risk that publication would cause detriment to Brady or his reputation;
iii) the will would have to be made public in due course in any even
iv) publication would not cause any material further prejudice to Mr. Makin in relation to the difficulties which he faced in making arrangements for Brady’s funeral. There had already been intense media speculation and interest in that regard;
v) there was a risk of significant loss and damage to The Sun if I granted the injunction, because it would have to stop, or make significant changes to its publication processes, if I were to require the article to be removed from the newspaper; and
vi) as executor, Mr. Makin had no significant assets from Brady’s estate with which to meet any cross-undertaking as to damages.
Judges:
Snowden J
Citations:
[2017] EWHC 1386 (Ch)
Links:
Jurisdiction:
England and Wales
Media, Wills and Probate, Intellectual Property
Updated: 27 March 2022; Ref: scu.588214
