Source: All England Reporter
Publisher Citation: [2006] All ER (D) 302 (Feb)
Court: Court of Appeal, Civil Division
Judge:

Chadwick, Moore-Bick LJJ and Lawrence Collins J
Representation James Price QC and David Price, solicitor advocate (instructed by David Price Solicitors and Advocates) for the claimant.
  Anthony White QC and Heather Rogers (instructed by Finers Stephens Innocent) for the defendants.
Judgment Dates: 22 February 2006

Catchwords

Disclosure and inspection of documents - Production of documents - Company documents - Proceedings for breach of confidence - Public interest defence - Judge ordering disclosure of evidence not available at time of publication - Whether width of disclosure to reflect width of relief sought.

The Case

It was settled law that equity would not protect the right of confidence where confidence was invoked to protect iniquity, and a defendant was entitled to disclosure in order to make good such a defence on public interest grounds. However, a defendant was not entitled to a roving enquiry into a claimant's business practices: the width of the enquiry would reflect the width of the relief sought in any injunction. In the instant case, where the claimant had varied the injunctive relief sought, the judge's order for disclosure would be varied accordingly.

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