Denny Taylor & Ors. v David Evans & Ors.
[2023] EWHC 935 (KB)
Jones Nickolds Limited v Ian Pearce
11 April 2024
[2024] EWHC 1793 (KB)
High Court
A law firm accidentally emailed private information to a client. That client refused to delete it and threatened to share it. The court ordered him not to share, protected the identity of the person whose private information was shared, and ordered the client to tell the law firm who he told.
Key Facts
- •Jones Nickolds Limited (JNL), a small family law firm, mistakenly sent a confidential email containing legally privileged information to Mr. Ian Pearce, the defendant.
- •The email contained information relating to another client (AA) and their divorce proceedings.
- •Mr. Pearce refused to delete the email and indicated he would disclose it to governmental authorities, claiming a public interest defense.
- •JNL sought a continuation of an interim non-disclosure injunction, anonymity for AA, further information from Pearce regarding disclosures, and permission for email service.
- •Mr. Pearce did not appear at the hearing but submitted emails to the court.
Legal Principles
Principles for granting interim non-disclosure orders.
Case Law and established legal principles
Section 12(2) of the Human Rights Act 1998 (strict test for granting relief).
Human Rights Act 1998
Public interest defence to breach of confidence.
Case Law (implied)
Power of the court to grant anonymity orders even to non-parties.
Case Law (cited by Mr. Sammour, but not specified)
Outcomes
Continuation of the interim non-disclosure injunction until trial.
JNL is likely to establish breach of confidence and is unlikely to lose on a public interest defence. Mr. Pearce's motivation seems personal, not for public interest.
Anonymity order granted for AA.
Publicity would defeat the object of the proceedings and harm JNL and AA.
Order for Mr. Pearce to provide further information about disclosures granted.
Necessary for JNL to minimize the risk of further disclosure.
Service on Mr. Pearce permitted by email.
More certain method of communication; appears to be Mr. Pearce's preferred method.
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