On 13 December, judgment was handed down by the Bermudian Court of Appeal, dismissing the appeal against two decisions of the lower court to make and, subsequently, maintain an interim injunction requiring the appellant publisher to remove content referring to an affidavit made by the respondent, as well as take down a copy of the affidavit that it was hosting on its website.
Sir Christopher Clarke P, with whom the other judges agreed, held that although the affidavit was available on third party websites and had been referred to in open court in Bermudian proceedings, it had not lost its necessary quality of confidence. However, the nature of the affidavit was such that the judge doubted whether a claim for misuse of private information could justify the injunction.
A case summary can be found here.
Adam Speker KC appeared for the respondent, instructed by Canterbury Law Limited and Schillings.
