253:
understood and practised and equally strong evidence that it is on occasion ignored. The general effect of the evidence is that the doctrine is an established feature of the
English form of government, and it follows that some matters leading up to a Cabinet decision may be regarded as confidential. Furthermore, I am persuaded that the nature of the confidence is that spoken for by the Attorney-General, namely, that since the confidence is imposed to enable the efficient conduct of the Queen's business, the confidence is owed to the Queen and cannot be released by the members of Cabinet themselves. I have been told that a resigning Minister who wishes to make a personal statement in the House, and to disclose matters which are confidential under the doctrine obtains the consent of the Queen for this purpose. Such consent is obtained through the Prime Minister. I have not been told what happened when the Cabinet disclosed divided opinions during the European Economic Community referendum. But even if there was here a breach of confidence (which I doubt) this is no ground for denying the existence of the general rule. I cannot accept the suggestion that a Minister owes no duty of confidence in respect of his own views expressed in Cabinet. It would only need one or two Ministers to describe their own views to enable experienced observers to identify the views of the others.
39:
249:
good government. I cannot see why the courts should be powerless to restrain the publication of public secrets, while enjoying the Argyll powers in regard to domestic secrets. Indeed, as already pointed out, the court must have power to deal with publication which threatens national security, and the difference between such a case and the present case is one of degree rather than kind. I conclude, therefore, that when a
Cabinet Minister receives information in confidence the improper publication of such information can be restrained by the court, and his obligation is not merely to observe a gentleman's agreement to refrain from publication.
276:
considered view is that I cannot believe that the publication at this interval of anything in volume one would inhibit free discussion in the
Cabinet of today, even though the individuals involved are the same, and the national problems have a distressing similarity with those of a decade ago. It is unnecessary to elaborate the evils which might flow if at the close of a Cabinet meeting a Minister proceeded to give the press an analysis of the voting, but we are dealing in this case with a disclosure of information nearly 10 years later.
280:
discussions should retain their confidential character for a longer and arbitrary period such as 30 years, or even for all time, but this seems to me to be excessively restrictive. The court should intervene only in the clearest of cases where the continuing confidentiality of the material can be demonstrated. In less clear cases - and this, in my view, is certainly one - reliance must be placed on the good sense and good taste of the
Minister or ex-Minister concerned.
216:"In my judgment three elements are normally required if, apart from contract, a case of breach of confidence is to succeed. First, the information itself, in the words of Lord Greene M.R.... must 'have the necessary quality of confidence about it.' Secondly, that information must have been imparted in circumstances importing an obligation of confidence. Thirdly, there must be an unauthorised use of that information to the detriment of the party communicating it."
264:
would be a breach of confidence; (b) that the public interest requires that the publication be restrained, and (c) that there are no other facts of the public interest contradictory of and more compelling than that relied upon. Moreover, the court, when asked to restrain such a publication, must closely examine the extent to which relief is necessary to ensure that restrictions are not imposed beyond the strict requirement of public need.
140:
231:"A contract or obligation of confidence need not be expressed but could be implied, and a breach of contract or trust or faith could arise independently of any right of property or contract... and that the court, in the exercise of its equitable jurisdiction, would restrain a breach of confidence independently of any right at law.
200:(1849) 1 H&T 1, has been frequently recognised as a ground for restraining the unfair use of commercial secrets transmitted in confidence. Sometimes in these cases there is a contract which may be said to have been breached by the breach of confidence, but it is clear that the doctrine applies independently of contract: see
260:
until Budget day, but public knowledge thereafter. To leak a
Cabinet decision a day or so before it is officially announced is an accepted exercise in public relations, but to identify the Ministers who voted one way or another is objectionable because it undermines the doctrine of joint responsibility.
226:
Ch. 302, that the same principle was applied to domestic secrets such as those passing between husband and wife during the marriage. It was there held by Ungoed-Thomas J. that the plaintiff wife could obtain an order to restrain the defendant husband from communicating such secrets, and the principle
267:
Applying those principles to the present case, what do we find? In my judgment, the
Attorney-General has made out his claim that the expression of individual opinions by Cabinet Ministers in the course of Cabinet discussion are matters of confidence, the publication of which can be restrained by the
248:
Even so, these defendants argue that an extension of the principle of the Argyll case to the present dispute involves another large and unjustified leap forward, because in the present case the
Attorney-General is seeking to apply the principle to public secrets made confidential in the interests of
283:
In the present case there is nothing in Mr. Crossman's work to suggest that he did not support the doctrine of joint
Cabinet responsibility. The question for the court is whether it is shown that publication now might damage the doctrine notwithstanding that much of the action is up to 10 years old
188:
held that there was no sufficient public interest in restraining disclosure because the events were 10 years before. The court does have the power to restrain disclosure of confidential information, to protect the doctrine of collective responsibility. But here there was no risk to future operation
263:
It is evident that there cannot be a single rule governing the publication of such a variety of matters. In these actions we are concerned with the publication of diaries at a time when 11 years have expired since the first recorded events. The
Attorney-General must show (a) that such publication
259:
The
Cabinet is at the very centre of national affairs, and must be in possession at all times of information which is secret or confidential. Secrets relating to national security may require to be preserved indefinitely. Secrets relating to new taxation proposals may be of the highest importance
279:
It may, of course, be intensely difficult in a particular case, to say at what point the material loses its confidential character, on the ground that publication will no longer undermine the doctrine of joint Cabinet responsibility. It is this difficulty which prompts some to argue that Cabinet
252:
It is convenient next to deal with Mr. Comyn's third submission, namely, that the evidence does not prove the existence of a convention as to collective responsibility, or adequately define a sphere of secrecy. I find overwhelming evidence that the doctrine of joint responsibility is generally
275:
There must, however, be a limit in time after which the confidential character of the information, and the duty of the court to restrain publication, will lapse. Since the conclusion of the hearing in this case I have had the opportunity to read the whole of volume one of the Diaries, and my
284:
and three general elections have been held meanwhile. So far as the Attorney-General relies in his argument on the disclosure of individual ministerial opinions, he has not satisfied me that publication would in any way inhibit free and open discussion in Cabinet hereafter.
677:
The Attorney-General sought restraint on the publication of certain materials in the diary of Richard Crossman, a former cabinet minister, submitting that the protection from disclosure of Cabinet papers was based on collective responsibility. Held: The court refused the
193:
However, the Attorney-General has a powerful reinforcement for his argument in the developing equitable doctrine that a man shall not profit from the wrongful publication of information received by him in confidence. This doctrine, said to have its origin in
589:
271:
The maintenance of the doctrine of joint responsibility within the Cabinet is in the public interest, and the application of that doctrine might be prejudiced by premature disclosure of the views of individual Ministers.
189:
of collective responsibility that would inhibit free discussion in the Cabinet. There was no power, however, to restrain disclosure of advice given by civil servants or their opinions. He said the following:
577:
563:
537:
126:
did in fact publish extracts despite the objections. The Attorney General argued the doctrine of collective responsibility would be undermined if confidential discussions were open to the public.
293:
The case established the principle that although conventions are not in and of themselves legally enforceable, they may give rise to legal obligations that the court may enforce.
525:
724:
343:
424:
412:
212:
R.P.C. 41 Megarry J., reviewing the authorities, set out the requirements necessary for an action based on breach of confidence to succeed. He said, at p. 47:
38:
334:
202:
235:
This extension of the doctrine of confidence beyond commercial secrets has never been directly challenged, and was noted without criticism by
691:
608:
640:
473:
501:
327:
122:
heard about the upcoming publication, asked for the contents but could not agree with the publishers about what to redact. The
551:
222:
208:
455:
49:
150:
245:
1 QB 349, 361 . I am sure that I ought to regard myself, sitting here, as bound by the decision of Ungoed-Thomas J.
320:
464:
437:
196:
119:
256:
The other defence submissions are either variants of those dealt with, or submissions with regard to relief.
618:
392:
629:
402:
118:
around 1964. The diaries recorded cabinet discussions, and advice given by or about civil servants. The
81:
241:
489:
380:
373:
363:
383:
659:
446:
111:
97:
376:
185:
107:
236:
17:
718:
115:
312:
541:
102:
353:
85:
591:
R (Miller) v The Prime Minister and Cherry v Advocate General for Scotland
705:
316:
133:
268:
court when this is clearly necessary in the public interest.
227:
is well expressed in the headnote in these terms, at p. 304:
203:
Saltman Engineering Co. Ltd. v. Campbell Engineering Co. Ltd
165:
161:
157:
96:
The Attorney General applied for an injunction to stop
692:
Rogers v Secretary of State for the Home Department
63:
55:
45:
31:
191:
426:Dissolution and Calling of Parliament Act 2022
414:European Union (Withdrawal Agreement) Act 2020
565:R (HS2 Action Alliance) v Transport Secretary
328:
160:. Consider transferring direct quotations to
8:
660:"Attorney-General v Jonathan Cape Ltd: 1976"
706:"Case Comment – King's Student Law Review"
335:
321:
313:
37:
28:
110:, a Cabinet minister for Housing in the
651:
725:United Kingdom constitutional case law
151:too many or overly lengthy quotations
7:
526:R (Factortame) v Transport Secretary
514:Attorney General v Jonathan Cape Ltd
77:Attorney General v Jonathan Cape Ltd
32:Attorney General v Jonathan Cape Ltd
223:Duchess of Argyll v. Duke of Argyll
209:Coco v. A. N. Clark (Engineers) Ltd
106:publishing the diaries of the late
25:
641:United Kingdom constitutional law
474:Greater London Authority Act 1999
303:The Diaries of a Cabinet Minister
220:It is not until the decision in
206:(1948) 65 R.P.C. 203 . Again in
138:
502:Pickin v British Railways Board
552:R (Jackson) v Attorney General
1:
609:European Communities Act 1972
578:R (Miller) v Brexit Secretary
456:Government of Wales Act 1998
50:England and Wales High Court
741:
538:R (Simms) v Home Secretary
626:
616:
606:
586:
574:
560:
548:
534:
522:
510:
498:
486:
471:
465:Northern Ireland Act 1998
462:
453:
444:
438:Local Government Act 1972
435:
422:
410:
400:
390:
371:
361:
351:
344:Parliamentary sovereignty
69:Collective responsibility
68:
36:
197:Prince Albert v. Strange
158:summarize the quotations
120:Secretary of the Cabinet
619:European Union Act 2011
393:United Nations Act 1946
305:was published in 1976.
286:
233:
218:
18:AG v Jonathan Cape Ltd
630:UK constitutional law
403:Human Rights Act 1998
229:
214:
84:case, concerning the
82:UK constitutional law
599:Repealed legislation
301:The book collection
490:Stockdale v Hansard
381:Parliament Act 1949
374:Parliament Act 1911
364:Bill of Rights 1689
80:3 All ER 484 is a
636:
635:
447:Scotland Act 1998
183:
182:
98:Jonathan Cape Ltd
73:
72:
16:(Redirected from
732:
710:
709:
702:
696:
688:
682:
681:
673:
671:
656:
592:
566:
493:(1839) 9A&E1
427:
415:
354:Magna Carta 1215
337:
330:
323:
314:
186:Lord Widgery LCJ
178:
175:
169:
142:
141:
134:
108:Richard Crossman
41:
29:
21:
740:
739:
735:
734:
733:
731:
730:
729:
715:
714:
713:
704:
703:
699:
695:AC 388 applied.
689:
685:
669:
667:
658:
657:
653:
649:
637:
632:
622:
612:
602:
601:
596:
590:
582:
570:
564:
556:
544:
530:
518:
506:
494:
482:
481:
479:Court judgments
476:
467:
458:
449:
440:
431:
430:
425:
418:
413:
406:
396:
386:
367:
357:
347:
341:
311:
299:
291:
237:Lord Denning MR
179:
173:
170:
164:or excerpts to
155:
143:
139:
132:
94:
23:
22:
15:
12:
11:
5:
738:
736:
728:
727:
717:
716:
712:
711:
697:
683:
650:
648:
645:
644:
643:
634:
633:
627:
624:
623:
617:
614:
613:
607:
604:
603:
597:
587:
584:
583:
575:
572:
571:
561:
558:
557:
549:
546:
545:
535:
532:
531:
523:
520:
519:
511:
508:
507:
499:
496:
495:
487:
484:
483:
477:
472:
469:
468:
463:
460:
459:
454:
451:
450:
445:
442:
441:
436:
433:
432:
423:
420:
419:
411:
408:
407:
401:
398:
397:
391:
388:
387:
372:
369:
368:
362:
359:
358:
352:
349:
348:
342:
340:
339:
332:
325:
317:
310:
307:
298:
295:
290:
287:
242:Fraser v Evans
181:
180:
146:
144:
137:
131:
128:
93:
90:
71:
70:
66:
65:
61:
60:
57:
53:
52:
47:
43:
42:
34:
33:
24:
14:
13:
10:
9:
6:
4:
3:
2:
737:
726:
723:
722:
720:
707:
701:
698:
694:
693:
687:
684:
680:
679:
665:
661:
655:
652:
646:
642:
639:
638:
631:
625:
620:
615:
610:
605:
600:
594:
593:
585:
580:
579:
573:
568:
567:
559:
554:
553:
547:
543:
540:
539:
533:
528:
527:
521:
516:
515:
509:
504:
503:
497:
492:
491:
485:
480:
475:
470:
466:
461:
457:
452:
448:
443:
439:
434:
428:
421:
416:
409:
404:
399:
394:
389:
385:
382:
378:
375:
370:
365:
360:
355:
350:
345:
338:
333:
331:
326:
324:
319:
318:
315:
308:
306:
304:
296:
294:
288:
285:
281:
277:
273:
269:
265:
261:
257:
254:
250:
246:
244:
243:
238:
232:
228:
225:
224:
217:
213:
211:
210:
205:
204:
199:
198:
190:
187:
177:
167:
163:
159:
153:
152:
147:This section
145:
136:
135:
129:
127:
125:
121:
117:
116:Harold Wilson
113:
109:
105:
104:
99:
91:
89:
87:
83:
79:
78:
67:
62:
58:
54:
51:
48:
44:
40:
35:
30:
27:
19:
700:
690:
686:
676:
675:
668:. Retrieved
663:
654:
598:
588:
576:
562:
550:
536:
524:
517:3 All ER 484
513:
512:
500:
488:
478:
302:
300:
292:
289:Significance
282:
278:
274:
270:
266:
262:
258:
255:
251:
247:
240:
234:
230:
221:
219:
215:
207:
201:
195:
192:
184:
171:
156:Please help
148:
124:Sunday Times
123:
112:Labour Party
103:Sunday Times
101:
95:
76:
75:
74:
59:3 All ER 484
26:
678:injunction.
664:Swarb.co.uk
297:Publication
86:rule of law
647:References
166:Wikisource
174:July 2020
162:Wikiquote
149:contains
719:Category
595:UKSC 24
366:arts 1–4
309:See also
130:Judgment
100:and the
64:Keywords
56:Citation
555:UKHL 56
542:UKHL 33
429:s 2(1)
417:s 38(1)
346:sources
670:18 May
666:. 1976
581:UKSC 5
569:UKSC 3
529:UKHL 7
505:AC 765
405:ss 3–6
377:ss 1–2
114:under
356:cl 12
92:Facts
46:Court
672:2020
628:see
621:s 18
379:and
611:s 2
395:s 1
384:s 1
239:in
721::
674:.
662:.
88:.
708:.
336:e
329:t
322:v
176:)
172:(
168:.
154:.
20:)
Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.