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Words: | Submitted: Mon Jun 19 2006
... was no precedent in this area. Whilst the equitable doctrine of confidence had developed so not to allow profit from the disclosure of information received in confidence over domestic1, private2 or commercial3 matters, this had never been applied to public secrets. Lord Widgery though, saw no reason why the doctrine could not be extended, as a duty of confidence was owed to the Crown. It was judged that for an injunction to be granted, three criteria were needed to be fulfilled. These were breach of confidence, public interest requiring restraint of publication and no other contrary public interest of greater priority. Disclosure would be permitted later though, when the material ceased to be confidential, the precise time being left to the courts discretion. With the Crossman Diaries being over ten years old, disclosure was subsequently allowed. The significance of this decision lays in its ruling over collective responsibility and the doctrine of ...
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