Attorney-General v Jonathan Cape Ltd [1976] QB 752. (Public Interest Case)

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Attorney-General v Jonathan Cape Ltd [1976] QB 752. (Public Interest Case)

Between 1964-70, whilst a Minister of the Labour Government, Richard Crossman kept diaries of Cabinet proceedings. It was his intention to publish the diaries, giving the public a detailed account of government affairs.

Following Crossman's death in 1974, the diaries were left to a number of literary executors, including the defendants to ensure its publication. In January 1975, extracts of the diaries were published in the Sunday Times. This though was without the approval of the Cabinet Secretary, as was the normal practice for such material.

Subsequently, the Attorney-General bought action for two injunctions. Firstly, to prevent the publication of the diaries by the literary executors, and secondly, to enjoin the Sunday Times from any publication of extracts.

The Attorney-General's arguments were based on the convention of collective responsibility and the ensuing doctrine of confidentiality. It was contended that the contents of the diaries were confidential, thus publication would be contrary to public interest and the convention of collective responsibility.

The action for injunction though, was significant as there was no precedent in this area. Whilst the equitable doctrine of confidence had developed so