Judgment
Lord Keith of Kinkel, Lord Brightman, Lord Griffiths, Lord Goff of Chieveley and Lord Jauncey of Tullichettle upheld the Attorney General's appeal, finding that the Sunday Times publication was in breach of its duty of confidence. That could arise both in contract and equity. A duty of confidence precludes disclosure to others, and a third party (like a newspaper) with confidential information is similarly bound by a duty if they know it is confidential. This was true unless the duty was known to the general public, or was outweighed by a counterveiling public interest.
The Attorney General had to show that disclosure was contrary to the public interest. Because Spycatcher was already published worldwide, the injunctions were not necessary. The articles in the Observer and Guardian contained no damaging information, meaning no breach of confidentiality. But the Sunday Times was in breach of its duty of confidence. It was not protected by a defence of prior publication, and the fact that the story was to be published imminently in the US made no difference. It was therefore liable for the profits it made. However no further injunctions were to be granted on this matter.
In the course of the decision, Lord Goff stated the common law principle that " everybody is free to do anything, subject only to the provisions of the law" (at p. 283G).
Read more about this topic: Attorney General V Guardian Newspapers Ltd
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