Cases

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

Held

Dismissing the application:

(1) It was hard to see the claims as anything other than attempts to circumvent the rule in Bonnard v Perryman, whereby no injunction will be granted to restrain an alleged libel which the defendant proposes to justify; (2) The confidence claim was not arguable, as it was restricted to the visual images; those were not distinguishable from the information contained in the pictures, use of which S did not seek to restrain;

(3) even if J had obtained access to S's premises by a trick so as to be a trespasser, that conferred on S no right to restrain use of the film;

(4) S did not arguably acquire equitable copyright in the film, as there was no breach of fiduciary duty and J was not a trustee of the copyright for S's benefit;

(5) further grounds for refusing the application included that the media should not be silenced on the basis of claims with limited or uncertain prospects, the balance of convenience and delay.

Also