D, Sunday Telegraph printed article including extracts from the unpublished memorandum of C, a politician. C had shown the article to publishers while attempting to secure the publication of his diaries. C sued, and D relied on defence of fair dealing. Held:
· See notes.
· On facts, was no fair dealing
Ø D’s use of work conflicted with C’s own expectations of making a profit out of it
Ø D’s work was obtained in breach of confidence
Ø Substantial part of work was copied, and parts of work printed in paper were the most important passages