SRJ v Person(s) Unknown (Author And Commenters of Internet Blogs)

Sir David Eady considered an application by an anonymised corporate entity that provides services to the UK and other governments seeking an order compelling D & Co, solicitors who formerly acted for a pseudonymous blogger, to disclose their client’s identity. The Defendant published the Claimant’s confidential information on two blogs, is suspected of being a present or former employee, breached Wilkie J’s order to transfer or delete related domains and deliver up confidential materials, and after withdrawing instructions gave a unilateral undertaking not to misuse confidential information. Drawing on Henderson J’s guidance in Solodchenko, Lord Bingham CJ’s analysis in Rogers, and Teare J’s approach in Ablyazov, the court held that the identity information was communicated in confidence solely for obtaining legal advice and thus was protected by legal professional privilege. Even if privilege did not apply, settled practice and the duty of confidence weighed against disclosure. Balancing enforcement and risk concerns—given the blogs’ dormancy and the undertaking—the court refused relief and dismissed the application.