- The iniquity defence in claims for misuse of private information (Brake v Guy)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Is there an iniquity defence to actions for misuse of private information?
- Is the iniquity defence available for breach of confidence where the information was unlawfully received by the defendant?
- Must Article 8(2) and/or Article 10 be expressly pleaded?
- Case details
Information Law analysis: The High Court held that the public interest (or ‘iniquity’) defence, as recognised in ‘traditional’ breach of confidence claims, is available in claims for misuse of private information and claims for breach of confidence even where the information was unlawfully received by the defendants. The court held that the same facts being proved will potentially serve as a defence in both kinds of claim. Written by Phil Hartley, senior legal advisor at Schillings International LLP.
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