SEP 08 '87 14:39 HERBERT SMITH HK
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Attorney General, and another course. which can only result in temporary and in no way irrevocable damage to the cause of the newspapers. In that
situation it seems to me clear that the second of the two courses should), in the overall interests of justice,
be preferred to the first," (14),
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Such being the consequence of the continued
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validity of propositions (1) and (2), the decisive question. before their Lordships was futility. The minority concluded that an injunction would be futile an empty gesture. The majority concluded that the Plaintiff's was damaged not destroyed. Secrecy as such had Rone and the book was available in the United Kingdom to those with sufficient interest and funds to acquire it. But there was a marked difference in degree between knowledge in the public arising from such availability, and that which would
follow from the mass circulation intended by the
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newspapers. This was likely to cause additional damage to the morale and discipline of the security service and
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provide additional encouragement to others to follow the lamentable example of Mr. Wright. Lord Templeman and Lord. Ackner (15) concluded that these factors gave rise to a clear public interest which needed protection. LordBrandon concluded that the court at trial might perform useful function in minimizing further damage (16),
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In these circumstances, the first question to my mind is whether propositions (1) and (2) apply to this claim. It was conceded in argument both before the trial
judge and this Court that the Plaintiff has an arguable case
in breach of confidence and in breach of fiduciary duty.
But the concession did not extend to an arguable case for
permanent or any injunction. On the contrary,
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Mr. Anthony Lester, Q.c. for the Defendants contended that.
in respect of both causes of action damages were an adequate remedy or alternatively that the Plaintiff had failed to
(14) Transcript p.12
(15) Transcript pp.18-20 and 26
(16) Transcript pp.10-11
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