Source: All England Reporter
Publisher Citation: [2011] All ER (D) 209 (Oct)
Neutral Citation: [2011] EWHC 2705 (QB)
Court: Queen's Bench Division

Tugendhat J

Representation William McCormick QC and Iain Daniels (instructed by Edward Solomons, Director of Legal Services MPS) for the first claimant.
  Serious Organised Crime Agency Legal Department for the second claimant.
  Gavin Millar QC and Anthony Hudson (instructed by Simons Muirhead & Burton) for the defendants.
Judgment Dates: 24 October 2011


Libel and slander - Injunction - Interlocutory - Justification - First defendant being publisher of national newspaper - Second defendant being experienced investigative journalist - Second defendant receiving copies of leaked documents originating from files of claimant law enforcement agencies - First defendant publishing article on H based on leaked documents - H issuing claim against first defendant for libel - First defendant referring to leaked documents in defence - Claimants applying for injunction to restrain breaches of confidence and delivery up of leaked documents - Whether defendants entitled to rely on knowledge derived from leaked documents.

The Case

Libel and slander Injunction. The Queen's Bench Division, in refusing the claimants application for injunctive relief, held that the first defendant publisher was entitled to rely on knowledge it had derived from documents leaked from claimant law enforcement agencies in defending an action for libel.

Practice Areas

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