Tullett Prebon v Spring: Interrogatories, Confidentiality, and Freedom of Speech

In Tullett Prebon (Singapore) Ltd and Others v Spring Mark Geoffrey and Another, the High Court of Singapore heard an appeal by the plaintiffs, Tullett Prebon (Singapore) Ltd, against the decision to dismiss their application for leave to serve interrogatories on a Reuters journalist, Mia Shanley, regarding a news report about a settlement agreement. The plaintiffs sought to identify the source who leaked confidential information about the settlement. Justice Andrew Ang allowed the appeal, compelling Shanley to disclose the source, emphasizing the relevance of the information to the case and the need for even-handed treatment, as the defendants had been granted similar leave to serve interrogatories on other journalists.

1. Case Overview

1.1 Court

High Court

1.2 Outcome

Appeal Allowed

1.3 Case Type

Civil

1.4 Judgment Type

Grounds of Decision

1.5 Jurisdiction

Singapore

1.6 Description

Appeal regarding interrogatories against a journalist to reveal a source in a breach of confidentiality case. The court allowed the appeal, compelling disclosure.

1.7 Decision Date

2. Parties and Outcomes

Party NameRoleTypeOutcomeOutcome TypeCounsels
Tullett Prebon (Singapore) LtdPlaintiff, AppellantCorporationAppeal AllowedWon
Tullett Liberty Pte LtdPlaintiff, AppellantCorporationAppeal AllowedWon
Prebon Yamane Financial Services (Singapore) Pte LtdPlaintiff, AppellantCorporationAppeal AllowedWon
Spring Mark GeoffreyDefendant, RespondentIndividualAppeal DismissedLost
BGC International (Singapore Branch)Defendant, RespondentCorporationAppeal DismissedLost

3. Judges

Judge NameTitleDelivered Judgment
Andrew AngJudgeYes

4. Counsels

Counsel NameOrganization
Rajiv NairShook Lin & Bok
Vinodh S Coomaraswamy SCShook Lin & Bok
Felix LeeShook Lin & Bok
Dinesh DhillonAllen & Gledhill
Muthu ArusuAllen & Gledhill
Melanie ChngAllen & Gledhill

4. Facts

  1. Plaintiffs and defendants entered into a Settlement Agreement on 23 November 2006.
  2. The Settlement Agreement included a confidentiality clause.
  3. News reports appeared disclosing the quantum of the settlement sum.
  4. BGC failed to pay the settlement sum.
  5. Plaintiffs sued BGC for payment and the defendants for breach of confidentiality.
  6. Both plaintiffs and defendants sought leave to serve interrogatories on non-parties.
  7. The assistant registrar dismissed the plaintiffs’ application against Shanley.

5. Formal Citations

  1. Tullett Prebon (Singapore) Ltd and Others v Spring Mark Geoffrey and Another, Suit 855/2006, RA 101/2007, [2007] SGHC 71

6. Timeline

DateEvent
Consolidated Actions ordered by the Court
Settlement Agreement signed
Reuters publishes news report
News reports appear in The Straits Times and Business Times
Decision Date

7. Legal Issues

  1. Interrogatories
    • Outcome: The court allowed the appeal, granting leave to serve interrogatories.
    • Category: Procedural
    • Sub-Issues:
      • Relevance of interrogatories
      • Necessity of interrogatories
  2. Breach of Confidentiality
    • Outcome: The court considered whether the breach of confidentiality was of such importance as to release the defendants from their obligations.
    • Category: Substantive
    • Sub-Issues:
      • Disclosure of settlement terms
      • Fundamental breach of contract
  3. Freedom of Speech
    • Outcome: The court held that there is no 'newspaper rule' in Singapore that protects journalists from revealing their sources.
    • Category: Constitutional
    • Sub-Issues:
      • Protection of journalistic sources
      • Newspaper rule

8. Remedies Sought

  1. Payment of settlement sum
  2. Damages for breach of confidentiality

9. Cause of Actions

  • Breach of Contract

10. Practice Areas

  • Commercial Litigation

11. Industries

  • Financial Services
  • Media

12. Cited Cases

Case NameCourtAffirmedCitationJurisdictionSignificance
KWL Holdings Ltd v Singapore Press Holdings LtdHigh CourtYes[2002] 4 SLR 417SingaporeCited for the principle that confidentiality should be observed unless the greater interests of justice demand otherwise.
State Trading Corporation of India Ltd v M Golodetz LtdN/AYes[1989] 2 Lloyd’s Rep 277N/ACited regarding breaches of contract and repudiation.

13. Applicable Rules

Rule Name
No applicable rules

14. Applicable Statutes

Statute NameJurisdiction
No applicable statutes

15. Key Terms and Keywords

15.1 Key Terms

  • Interrogatories
  • Settlement Agreement
  • Confidentiality
  • Breach of Contract
  • Freedom of Speech
  • Newspaper Rule
  • Source
  • Repudiatory Breach

15.2 Keywords

  • Interrogatories
  • Confidentiality
  • Freedom of Speech
  • Journalist
  • Source
  • Settlement Agreement
  • Singapore

17. Areas of Law

Area NameRelevance Score
Interrogatories80
Civil Practice75
Confidentiality70
Settlement Agreement65
Contract Law60
Breach of Contract60
Evidence Law50
Constitutional Law40
Freedom of speech40

16. Subjects

  • Civil Procedure
  • Contract Law
  • Constitutional Law
  • Media Law