Cases

Napier & Another v Pressdram Ltd

Facts

An appeal from a refusal to grant an injunction restraining Private Eye from publishing the outcome of a complaint to the Law Society and an ombudsman's review of the Law Society's handling of the complaint. The appellants were the senior partner of a law firm, and the firm itself. The appellants argued that obligations of confidentiality were implied by (1) the private nature of the disciplinary investigation up to initiation of public tribunal proceedings, (2) the fact that the Solicitors Regulation Authority decides whether publication is in the public interest, and had decided against publication in this case, (3) S.44 D & E of the 1974 Act, which allow for the solicitor to appeal against any decison by the SRA to publish, and (4) the fact that the 1990 Act provides for publication of Ombudsman's reports and findings only in strictly limited circumstances.

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