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Law of Confidence - Case Notes - Law of Confidence Case...

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Law of Confidence - Case Notes 1 Prince Albert v Strange (1848) 2 De G & Sm 652 The plaintiff, consort of Queen Victoria, sent a number of etchings made by himself and the Queen to a shop for impressions to be made of them. A workman though secretly made copies and passed them to the defendant, who tried to exhibit them. Court An injunction was granted to the plaintiff, and the defendant was barred from reproducing the etchings. Argyll v Argyll [1967] Ch 302 The Duke and Duchess of Argyll were divorced when the Duchess obtained an injunction against her ex-husband, preventing him from disclosing secrets about their marriage to the press. Court Held though the parties were divorced, it however did not free them of the obligation to maintain confidences exchanged during their marriage. Lennon v News Group Newspapers [1978] FSR 373 Lennon applied for an injunction restraining his first wife from selling information about their marriage to a tabloid newspaper. However, previously, both of them had written about their marriage for various Newspapers. Court Held since the claimant previously had courted publicity, thus, the marriage was effectively placed in the public domain, and it had “ceased to be their own private affair.”
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Law of Confidence - Case Notes 2 Michael Barrymore v News Group Newspapers Ltd [1997] FSR 600 The plaintiff, Michael Barrymore, tried to prevent a tabloid newspaper from publishing information about his homosexual relationship outside his marriage (that the paper had obtained from a former sexual partner). Court Granted an injunction stating that when people entered into a personal relationship of this nature, it was not done for the purpose of publication in newspapers Stephens v Avery [1988] Ch 449 The plaintiff had communicated details of a lesbian relationship that she had been involved in to the defendant under a seal of confidence. Court Held ‘just because information related to the sexual conduct of an individual it was in some way different to any other information.” Thus, the plaintiff sued successfully for breach of confidence. X Pte Ltd & Anor v CDE [1992] 2 SLR 996 The case concerned a sexual relationship between the second plaintiff and the defendant, who had been an employee of the first plaintiff. The defendant left the employ of the first plaintiff and subsequently threatened to go to the press with her story.
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