Barclays Bank plc v Guardian News & Media Ltd

May 18, 2009 | No Comments

An injunction was continued against republication by The Guardian of documents, including legally-privileged documents, purportedly showing tax-avoidance strategies by banks. There was a discussion of when online publication means information is no longer confidential. S12(4) of the Human Rights Act 1998 did not succeed here in permitting publication. It was accepted that the debate over tax-avoidance was of public interest, but the court held that The Guardian did not need to publish all the documents to contribute to the debate.

This case was decided on 19 March 2009 by the Queen’s Bench Division and is available here.

Rosalind McInnes

Art. 10 Freedom of Expression, Data Protection and Freedom of Information, Media Law, Taxation

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Formed in May 2009, the Scottish Human Rights Law Group is a non-affiliated, independent, professional network for those engaged in legal practice and study, in academia and politics, in campaigning and in the provision of advice. It exists to raise awareness and knowledge of human rights law in Scotland, and to provide a forum for discussion of matters of interest across the field. The group organises seminars and roundtable discussions on human rights and is accredited for the purposes of CPD.