Lion Laboratories Ltd v Evans

The publication of confidential information is justified in the public interest if it reveals matters that the public has a legitimate interest in knowing, not only wrongdoing.

Citation
[1985] QB 526
Court
Court of Appeal (Civil Division)
Year
1985
Subject
Intellectual Property Law
Topic
Breach of confidence and trade secrets

Facts

Lion Laboratories manufactured the Intoximeter, a device used by the police to measure the alcohol in drivers' breath. Two former employees took confidential internal documents which showed that the company had doubts about the accuracy of the device. They gave the documents to a newspaper, the Daily Express, which planned to publish them. Lion Laboratories sought an injunction.

Legal principle

The Court of Appeal refused the injunction. Stephenson LJ said that there is a public interest defence to a claim for breach of confidence, which is not limited to cases where the information reveals wrongdoing or iniquity on the part of the claimant. The question is whether there is a public interest in the disclosure that outweighs the public interest in the protection of confidentiality. The accuracy of the Intoximeter, which could lead to people being wrongly convicted of drink driving offences, was a matter of serious public concern, which justified publication, even though Lion Laboratories had not acted wrongfully.

Related cases on breach of confidence and trade secrets

Studying intellectual property law? Our tutors help you understand and apply cases like this in essays, problem questions and exams. Request a quote or browse our law notes.

Back to all law cases

This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

Contact Us

Enquire about our bespoke academic solutions