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[2022] UKSC 5
On appeal from: [2020] EWCA Civ 611
JUDGMENT
Bloomberg LP (Appellant) v ZXC (Respondent)
before
Lord Reed, President
Lord Lloyd-Jones
Lord Sales
Lord Hamblen
Lord Stephens
16 February 2022
Heard on 30 November and 1 December 2021
Appellant
Antony White QC
Clara Hamer
(Instructed by Reynolds Porter Chamberlain LLP (London))
Respondent
Tim Owen QC
Sara Mansoori
Edward Craven
(Instructed by David Byrne)
LORD HAMBLEN AND LORD STEPHENS: (with whom Lord Reed, Lord Lloyd-Jones and Lord Sales agree)
1. Introduction
The central issue on this appeal is whether, in general, a person under criminal investigation has, prior to being charged, a reasonable expectation of privacy in respect of information relating to that investigation.
The appellant, Bloomberg LP (“Bloomberg”), is an international financial software, data and media organisation headquartered in New York. Bloomberg News is well-known for its financial journalism and reporting.
The respondent, ZXC (“the claimant”), is a citizen of the United States but has had indefinite leave to remain in the UK since 2014. He worked for a publicly listed company which operated overseas in several foreign countries (“X Ltd”) and became the chief executive of one of its regional divisions but was not a director.
The claimant brought a claim for misuse of private information arising out of an article (“the Article”) published by Bloomberg in 2016 relating to the activities of X Ltd in a particular country for which the claimant’s division was responsible (the “foreign state”). These activities had been the subject of a criminal investigation by a UK law enforcement body (the “UKLEB”) since 2013. The information in the Article was almost exclusively drawn from a confidential Letter of Request sent by the UKLEB to the foreign state.
The claimant claims that he had a reasonable expectation of privacy in information published in the Article and in particular the details of the UKLEB investigation into the claimant, its assessment of the evidence, the fact that it believed that the claimant had committed specified criminal offences and its explanation of how the evidence it sought would assist its investigation into that suspected offending.
The claimant claimed that Bloomberg misused his private information by publishing the Article and sought damages and injunctive relief. Following a four-day trial before Nicklin J, the claims were upheld and damages of £25,000 awarded, as set out in his open judgment of 17 April 2019 - [2019] EWHC 970 (QB); [2019] EMLR 20. Bloomberg’s appeal was dismissed by the Court of Appeal (Underhill LJ, Vice President of the Court of Appeal, Civil Division, and Bean and Simon LJJ) in its open judgment of 15 May 2020 - [2020] EWCA Civ 611; [2021] QB 28. Permission to appeal was granted by a panel of the Supreme Court on 17 December 2020.
The judgments below were given in an open form which was an edited version of the private judgment…
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- [2022] UKSC 5
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