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SRJ -v- Person(s) Unknown (Author and Commenters of Internet

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SRJ -v- Person(s) Unknown (Author and Commenters of Internet

Postby dls » Mon Jul 14, 2014 11:44 am

SRJ -v- Person(s) Unknown (Author and Commenters of Internet Blogs) - QBD - 10-Jul-2014 - Sir David Eady (Bailii, [2014] EWHC 2293 (QB)) - Legal Professions
The claimant sought an order for the disclosure by his solicitor of the identity of the author of an internet blog publishing critical material which, the claimant said, was its confidential information. The defendant's solicitor had failed to comply with an order for disclosure.
Held: The application failed: "the information as to the Defendant's identity was indeed the subject of legal professional privilege and thus protected (whether "absolutely" or according to settled practice). Even if it were not, there are powerful reasons not to override the duty of confidence. It was not simply a piece of neutral background information, as would generally be the case with a client's name, since both he and his solicitor were well aware that the Claimant was keen to establish his identity (for perfectly legitimate reasons): it was accordingly central to their discussions about the retainer that confidentiality should be maintained. "

Cases Cited:
Studdy -v- Sanders and others 1823 ([1823] 2 D and R 347)
Regina -v- Manchester Crown Court ex parte Rogers (Legal Professional Privilege) Admn 2-2-1999 (Times 15-Feb-99, Gazette 10-Mar-99, Bailii, [1999] EWHC Admin 94, [1999] 1 WLR 832)
Miller Gardner Solicitors, Regina (on the Application of) -v- Minshull Street Crown Court Admn 20-12-2002 (Bailii, [2002] EWHC 3077 (Admin))
JSC BTA Bank -v- Solodchenko and Others ChD 5-8-2011 (Bailii, [2011] EWHC 2163 (Ch), [2013] Ch 1, [2012] 3 WLR 559, [2011] CP Rep 46, [2012] 1 All ER 735)
Re Cathcart, ex parte Campbell CA 1869 ((1869-70) LR 5 Ch App 703)
Guaranty Trust Co of New York -v- Hannay & Co CA 1915 ([1915] 2 KB 536)
Fourie -v- Le Roux and others HL 24-1-2007 (Bailii, [2007] UKHL 1, Times 25-Jan-07, [2007] 1 WLR 320, [2007] 1 All ER 1087, [2007] Bus LR 925)
JSC BTA Bank -v- Ablyazov and Others ComC 15-5-2012 (Bailii, [2012] EWHC 1252 (Comm))
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