Advertising Standards Authority Ltd v Mitchell

Confidential information – Injunction. On the facts, there was no reason to depart from the default rule that privileged material should not be used or disclosed by an accidental recipient. Accordingly, the Queen's Bench Division granted the Advertising Standards Authority (ASA) an injunction, restraining the intended defendant (R) from, among other things, using, publishing or disclosing an email, including a complaint, a photograph and legal advice, which had been sent to him in error. The court ruled that ASA would be likely to satisfy a trial court that, apart from the photograph (in respect of which no confidentiality was alleged), the information in the email and its attachments was confidential in nature, that it had come to the R's attention under circumstances importing a duty of confidence and that his disclosure, publication, or use, of that information would represent a breach of confidence.

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