Cases

Ashworth Hospital Authority v MGN Ltd

Held

(1) The Norwhich Pharmacal jurisdiction applied where the person against whom the order was sought could be shown to have participated or become involved in the the wrongful act of another. In this case, the newspaper clearly was on notice that the information it received from the source was confidential and had been obtained in breach of a duty of confidence owed by the leaker of the information to the Claimant. (2) Whilst Brady could not complain about a breach of confidence after he had himself placed similar information in the public domain, this did not negate the Claimant's independent right to retain the confidentiality of the medical records contained on its database. (3) The Norwich Pharmacal jurisdiction was not limited to cases where the injured person had already began or intended to bring proceedings against the wrongdoer and extended to cases where he intended to seek some other form of lawful redress.

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