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Attorney General v Jonathan Cape Ltd [1976] QB 752

By Oxbridge Law TeamUpdated 04/01/2024 07:14

Judgement for the case Attorney General v Jonathan Cape Ltd

Table Of Contents

  • Richard Crossman kept a diary detailing cabinet discussions, etc. from 1964-66 and after his death, 10 years later, the Sunday Times wanted to publish them.

  • The AG sought an order to “restrain” publication.

  • The QBD asserted that it had the power, under the doctrine of confidence, to restrain publication and would do so where collective responsibility doctrine was threatened (since it was in public interest).

    • Since this was 10 years on, the court did not believe publication would harm collective responsibility and would not harm free cabinet discussion now.

Lord Widgerey

  • Accepted that generally collective responsibility establishes confidence and that it would be against the public interest that this confidential info be made public.

  • However 10 ears is sufficient time for it to pass into history. 

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