Ashdown v Telegraph Group Ltd [2002] Ch 149
Country:
United Kingdom
Reviewed By Oxbridge Law Team
Updated 2024-01-04 07:13:09 UTC
Defendant, Sunday Telegraph printed article including extracts from the unpublished memorandum of Claimant, a politician.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
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