Secondly, Mr Lester objected to the hint that if the
2 Attorney was able to establish an arguable case on this basis, that
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is, breach of fiduciary duty, injunctive relief must inevitably
Mr Ribeiro's case follow. It was I think, no more than a hint.
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if I understood it correctly, is that he, having set up a prima facie case, it is up to the Defendants to shoot him down, and as to that he said, there is no sufficient evidence or ammunition available to Mr Lester to do so. It comes back therefore simply to testing the balance.
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of the television company in the Schering
Clearly injunctive relief can be appropriate in cases
However, the position of fiduciary duty, Schering authority for that. of the Sunday Post as I see it is considerably stronger than that
case. The television
15 company's conduct was heinous having regard to its close connection 16 with the party under the primary obligation.
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Finally, Mr Ribeiro contended that if an injunction is 19 refused, the trial would be pointless because permanent and 20 irreparable damage will have been caused to the Crown.
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I could accept the force of that argument, if the purpose
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of proceedings is to preserve secrecy, but it is not. provent breach of a fiduciary obligation and to datar.
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It is to
It is arguable,
at least as Mr Lester would have it, that an account of profits 26 derived from that breach of obligation together perhaps with an award 27 of exemplary damages, would be sufficient relief against the Defendants
and a sufficient deterrent to others.
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On the other hand, Mr Ribeiro Anught to persuade me that the Defendants will suffer no parmanant or irreparable harm if restrained. Their serialisation he said, would be delayed only 33 temporarily, perhaps six months, and in any event, it is not news
as such that the Defendants are seeking to impart but a good read. 35 Any loss therefore, can be quantified by reference to the cost of 36 serialisation rights. I was not addressed upon the meaning of
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