Express Newspapers Plc v News (U.K.) Ltd
| Jurisdiction | England & Wales |
| Judgment Date | 12 February 1990 |
| Date | 12 February 1990 |
| Court | Chancery Division |
Before Sir Nicolas Browne-Wilkinson, Vice-Chancellor
Chancery Division
Copyright - mirror-image counterclaim - arguable defence
Where a plaintiff had successfully obtained judgment against a defendant on the ground that the defendant had no arguable defence, it could not resist a mirror-image counterclaim by the defendant on indistinguishable facts, even if it could demonstrate that there was an arguable defence.
Sir Nicolas Browne-Wilkinson, Vice-Chancellor, so held in the Chancery Division in giving summary judgment on the claim of the first defendant, News (UK) Ltd, the proprietor of Today newspaper, to restrain the plaintiff, Express Newspapers plc, the proprietor of the Daily Express and the Daily Star newspapers, from infringing the copyright in the text of an interview with Miss Marina Ogilvy and Mr Paul Mowatt published in the October 9, 1989 issue of Today. The second defendant was Mr David Montgomery, editor of Today and the third defendant was Mr Timothy Miles, the reporter who wrote the article in Today.
Mr Peter Prescott for the defendants; Mr Michael Burton, QC and Miss Mary Vitoria for the plaintiff.
THE VICE-CHANCELLOR said that this was an application by News (UK) Ltd for summary judgment under Order 14 of the Rules of the Supreme Court on its counterclaim in the action which concerned the mutual copying of news stories by two newspapers.
A reporter from the Daily Express on a flight between Bali and Hong Kong managed to sit next to Miss Pamella Bordes who enjoyed publicity value on account of her alleged relationships with people in the public eye.
On April 3, 1989 there was a front page article on the Daily Express containing quotations from Miss Bordes and claiming to be the result of an exclusive interview.
On the same day an article also appeared in Today but it was not so sensational. However, in the second edition of Today the story reappeared in a much more sensational form, containing the verbatim quotation from the Daily Express article but not acknowledging their source.
Express Newspapers then started proceedings against News (UK) Ltd for infringement of copyright seeking damages.
In October 1989 a reporter on Today obtained an exclusive interview with Miss Marina Ogilvy and her boyfriend Mr Paul Mowatt. Miss Ogilvy, a member of the Royal family, was expecting a baby.
On October 9 an article...
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