Disloyal employee - Michael O'Mara Books Limited & others v The Express Newspapers Plc & others (3 March 1998) High Court, Chancery Division

United Kingdom

Michael O'Mara Books Limited & others v The Express Newspapers Plc & others (3 March 1998) High Court, Chancery Division

This is a further case relating to disclosure of sources of information. This case may therefore be of relevance where companies hold environmentally sensitive information. Two copies of an unpublished book had been obtained by Express Newspapers Plc, read, discussed and offered for sale contrary to Section 23
of the Copyright, Designs and Patents Act 1988. Little damage had been done and the appropriate compensation was ordered. The Court also required the disclosure of the source of the copied material. Express Newspapers Plc sought to rely on Section 10 of the Contempt of Court Act 1981, which states that: "[No] Court may require a person to disclose, nor is any person guilty of contempt of Court for refusing to disclose, the source of information contained in the publication for which he is responsible, unless it be established... that disclosure is necessary in the interests of justice or national security or for the prevention of disorder or crime." With Michael O'Mara Books' commercial reputation at risk until the thief was identified, and following Camelot Group Plc v Centaur Communications Limited, (Times Law Reports, 30 October 1997) the Court ordered disclosure in the interests of justice. (Times Law Reports, 6 March 1998)