ABSTRACT
To obtain an interlocutory injunction to restrain publication in a breach of confidence action, the plaintiff shows that there is a good case should the proceedings eventually proceed to trial. A breach of confidence action is of use to the government in the context of national security information because an interlocutory injunction may be granted to prevent disclosure of such information. Arising from the United Kingdom (UK) Spycatcher decisions are a number of issues relating to the way in which confidential government information may, or may not, be restrained by the use of a breach of confidence action. In the Spycatcher litigation in the UK there were references in several of the judgments to the issue of copyright. Where the government has a claim in copyright for the material that has been published, or is about to be published, publication may be restrained by injunction if the defendant cannot convince the court that there is a good defence available.
