ABSTRACT
Over the last 30 years, the courts have indicated that a claim of public interest may justify a breach of the obligation of confidence. Originally, this defence was termed the ‘iniquity’ rule but, increasingly, it has been recognised as the defence of public interest, and several cases overlap with copyright infringement actions, to which a specific public interest defence is now provided (s 171 of the CDPA 1988). What has been a live issue is the scope of this defence which may justify the breaking of otherwise confidential obligations and whether it is limited to the exposure of ‘iniquities’ or whether it embraced a wider concept of public interest.
