View source for Attorney-General v Observer Ltd

{{Short description|UK House of Lords decision on breach of confidentiality in tort law}}
{{Use dmy dates|date=April 2022}}
{{Infobox Court Case
| name = Attorney General v Observer Ltd
| court = House of Lords
| image =
| date_filed =
| date decided = 13 October 1988
| full name = Attorney General v Observer Ltd; Attorney General v Times Newspapers Ltd (No.2); Attorney General v Guardian Newspapers Ltd (No.2)
| citations =
| judges =
| prior actions =
| subsequent actions =
| opinions =
| transcripts = [http://www.bailii.org/uk/cases/UKHL/1988/6.html Full text of the judgment]
| Keywords =
}}
'''''Attorney General v Observer Ltd''''' [1990] <ref>[http://www.bailii.org/uk/cases/UKHL/1988/6.html 1 AC 109]</ref> is an [[English tort law]] case on [[Breach of confidence|breach of confidentiality]]. It also raised questions of the interests of [[public policy]] and [[freedom of expression]], under the [[European Convention on Human Rights]], because it involved a [[spy]]'s publication of secret information.
==Facts==
[[Peter Wright (MI5 officer)|Peter Wright]] worked for [[MI5]]. After retiring he wrote a book called ''[[Spycatcher]]'', describing his work. This was in breach of the [[Official Secrets Act 1911]]. It was published in Australia and the US. ''[[The Observer]]'' and ''[[The Guardian]]'' published articles on proceedings in the Australian courts by the UK government to stop the publication. The [[Attorney General]] then sought and received an [[interlocutory injunction]] restraining publication of information obtained by Wright in June 1986. In July 1987 the ''[[Sunday Times]]'' published extracts from the book two days before its publication in the US. The Attorney General sought and was given injunctions to restrain further publication. But Scott J discharged them, holding the paper was liable to account for profits resulting from the publication. The Court of Appeal dismissed the Attorney General's appeal, and he appealed again to the [[Judicial functions of the House of Lords|House of Lords]].
==Judgment==
[[Henry Keith, Baron Keith of Kinkel|Lord Keith of Kinkel]], [[John Brightman, Baron Brightman|Lord Brightman]], [[Hugh Griffiths, Baron Griffiths|Lord Griffiths]], [[Robert Goff, Baron Goff of Chieveley|Lord Goff of Chieveley]] and [[Charles Jauncey, Baron Jauncey of Tullichettle|Lord Jauncey of Tullichettle]] upheld the Attorney General's appeal, finding that the ''Sunday Times'' publication was in breach of its duty of confidence.<ref>{{cite web |title=Attorney-General v Observer Ltd |url=https://www.ucpi.org.uk/wp-content/uploads/2018/03/Attorney-General-v-Observer-Ltd-and-ors-1990-1-A.C.-109.pdf |website=Undercover Policing Inquiry |access-date=20 January 2024}}</ref> That could arise both in contract and equity. A duty of confidence precludes disclosure to others, and a third party (like a newspaper) with confidential information is similarly bound by a duty if they know it is confidential. This was true unless the confidential information was already known to the general public, or the duty to keep the information secret was outweighed by a countervailing public interest in the information.
The Attorney General had to show that disclosure was contrary to the public interest. Because ''[[Spycatcher]]'' was already interestingly published worldwide, the injunctions were not necessary. The articles in the ''Observer'' and ''Guardian'' contained no damaging information, meaning no breach of confidentiality. But the ''Sunday Times'' was in breach of its duty of confidence. It was not protected by a defence of prior publication, and the fact that the story was to be published imminently in the US made no difference. It was therefore liable for the profits it made. However no further injunctions were to be granted on this matter.
In the course of the decision, [[Lord Goff]] stated the [[common law]] principle that "[In England] everybody is free to do anything, subject only to the provisions of the law".<ref>p.&nbsp;283G</ref>
==References==
{{reflist}}
==External links==
* [http://www.bailii.org/uk/cases/UKHL/1988/6.html Full text of the judgment from Bailii]
{{DEFAULTSORT:Attorney General V Observer Ltd}}
[[Category:House of Lords cases]]
[[Category:English tort case law]]
[[Category:1988 in United Kingdom case law]]
[[Category:The Guardian]]
[[Category:English privacy case law]]
[[Category:The Observer]]
[[Category:United Kingdom constitutional case law]]