Knowledge (XXG)

Attorney-General v Observer Ltd

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publication was in breach of its duty of confidence. That could arise both in contract and equity. A duty of confidence precludes disclosure to others, and a third party (like a newspaper) with confidential information is similarly bound by a duty if they know it is confidential. This was true unless
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was in breach of its duty of confidence. It was not protected by a defence of prior publication, and the fact that the story was to be published imminently in the US made no difference. It was therefore liable for the profits it made. However no further injunctions were to be granted on this matter.
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published extracts from the book two days before its publication in the US. The Attorney General sought and was given injunctions to restrain further publication. But Scott J discharged them, holding the paper was liable to account for profits resulting from the publication. The Court of Appeal
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the confidential information was already known to the general public, or the duty to keep the information secret was outweighed by a countervailing public interest in the information.
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Attorney General v Observer Ltd; Attorney General v Times Newspapers Ltd (No.2); Attorney General v Guardian Newspapers Ltd (No.2)
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published articles on proceedings in the Australian courts by the UK government to stop the publication. The
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was already interestingly published worldwide, the injunctions were not necessary. The articles in the
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principle that " everybody is free to do anything, subject only to the provisions of the law".
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The Attorney General had to show that disclosure was contrary to the public interest. Because
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restraining publication of information obtained by Wright in June 1986. In July 1987 the
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contained no damaging information, meaning no breach of confidentiality. But the
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dismissed the Attorney General's appeal, and he appealed again to the
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UK House of Lords decision on breach of confidentiality in tort law
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upheld the Attorney General's appeal, finding that the
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Index

Full text of the judgment
English tort law
breach of confidentiality
public policy
freedom of expression
European Convention on Human Rights
spy
Peter Wright
MI5
Spycatcher
Official Secrets Act 1911
The Observer
The Guardian
Attorney General
interlocutory injunction
Sunday Times
House of Lords
Lord Keith of Kinkel
Lord Brightman
Lord Griffiths
Lord Goff of Chieveley
Lord Jauncey of Tullichettle
Spycatcher
Lord Goff
common law
1 AC 109
"Attorney-General v Observer Ltd"
Full text of the judgment from Bailii
Categories
House of Lords cases

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