Ashdown v Telegraph Group Ltd [2002] Ch 149

• Defendant, Sunday Telegraph printed article including extracts from the unpublished memorandum of Claimant, a politician. Claimant had shown the article to publishers while attempting to secure the publication of his diaries.

• Claimant sued, and Defendant relied on defence of fair dealing.

Held

• On facts, was no fair dealing:

  • Defendant’s use of work conflicted with Claimant’s own expectations of making a profit out of it

  • Defendant’s work was obtained in breach of confidence

  • Substantial part of work was copied, and parts of work printed in paper were the most important passages