Archer v Williams [2003] EWHC 1670 (QB)

Archer v Williams [2003] EWHC 1670 (QB)

Injunction granted in relation to information disclosed in breach of employment contract

Facts

The claimant (A) was the wife of a well-known politician. A previously employed the defendant (W) as a personal assistant. The Employment Tribunal found that the principal reason for W’s dismissal was her refusal to sign a proposed confidentiality agreement. After a newspaper article appeared alleging that A had undergone cosmetic surgery, A obtained an interim injunction to restrain further publication. 

Issues

A subsequently sought a permanent injunction and damages from W. The key issues to be considered were whether W was liable for the publication in the newspapers and whether A was entitled to damages for hurt feelings as a result of the breach of confidence.

Decision/Outcome

In relation to the breach of confidence, it was held that it must have been obvious to W that there was a substantial risk that the information that she was disclosing would ultimately be published in the press. Therefore, W was liable for breach of confidence in relation to the published Sunday Mirror article. Accordingly, A was granted an injunction against further breaches of confidence and delivery up of her diaries. The court awarded £2,500 in general damages for distress caused by the published disclosure. The Court observed that W was in clear breach of her employment contract by imparting confidential information which she had received during the course of her employment. The court weighed the former assistant’s freedom of expression under Article 10 against A’s private and family life under Article 8. The limited public interest in the information did not justify the intrusion.

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