“Interim Injunctions and the overlap between privacy and libel”, Part 1: Godwin Busuttil and Patrick McCafferty

14 07 2010

In the recent case of Terry (previously ‘LNS’) v Persons Unknown ([2010] EWHC 119 (QB)) the court addressed the inter-relationship between two principles: the principle that the court may grant an interim injunction to restrain a threatened misuse of private information where the claimant can show that his claim is (at least) more likely than not to succeed, and the rule in Bonnard v Perryman ([1891] 2 Ch 269 (CA)) whereby the court almost invariably will not grant an interim injunction to restrain the threatened publication of a libel, that is to say, material which if published may harm the claimant’s reputation. The question arose because, although the claim was brought for misuse of private information and concerned information which ostensibly was private to the claimant, the court regarded the claim in substance as one brought to protect reputation. For this reason, the court applied the rule in Bonnard v Perryman and dismissed the application for an interim injunction. Read the rest of this entry »