Cases

Service Corp International plc & Anor v Channel Four Television Corp & Anor

Held

(1) The starting point was the fundamental right to freedom of expression. P had to bring its case within one of the established exceptions and show that prior restraint was warranted. (2) The application was prompted by concern for the plaintiffs' reputation. If P had sued in libel no injunction would have been granted. The same rule should apply despite P's reliance on other causes of action. (3) P had no arguable cause of action in copyright, trespass or confidentiality. (4) There was, moreover, a substantial public interest in the disclosures proposed. (5) If the matter had been in doubt the court would have refused relief on discretionary grounds: the media should not be silenced on such a matter by a claim with limited or uncertain prospects; the matter was topical and delay would be prejudicial to Ds; P had unjustifiably delayed its application.

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