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Ashdown v Telegraph Group Ltd

[2002] Ch 149

Case summary last updated at 29/01/2020 18:03 by the Oxbridge Notes in-house law team.

Judgement for the case Ashdown v Telegraph Group Ltd

D, Sunday Telegraph printed article including extracts from the unpublished memorandum of C, a politician.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

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