In the unusual privacy case of AVB v TDD ( EWHC 1442 (QB)), the High Court dismissed the majority of a solicitor’s claims against a prostitute for misuse of private information, harassment, breach of confidence and breach of contract. The Court found for the Claimant in respect of one element of his privacy head of claim and declined to award any damages but did grant him an injunction.Continue reading
In a victory for free expression, the European Court of Human Rights has ruled that a court-imposed injunction banning a political activist from distributing leaflets targeting a political candidate violated Article 10 of the European Convention. In Brosa Germany ( ECHR 432) criticised the German courts for refusing to hold that the leaflet was a fair comment on a matter of public interest, as the threshold for proving fair comment was “disproportionately high.” Continue reading
A Case Management conference in the case of Styles v Photographer AAA and others took place before Mr Justice Dingemans yesterday at the High Court. The One Direction singer obtained a permanent High Court harassment injunction against four paparazzi photographers. Continue reading
Screen siren of the 1930’s, Greta Garbo, was protective of her private life off screen, with the words ‘I want to be alone’ (or more properly ‘I want to be let alone’) associated with her forever. Many in the public eye have felt the same, and 2014 pop royalty Harry Styles of One Direction and His Royal Highness, Prince William, Duke of Cambridge have been added to the list where issues of harassment have been raised in connection with actual or anticipated unwanted attention.
In the case of J19 and J20 v Facebook Ireland ( NIQB 113) the High Court in Northern Ireland chose to depart from the “robust” Strasbourg approach to service providers and their liability for comments hosted on their sites. Such liability, said the judge, was not consonant with the EC Directive on E-Commerce. Continue reading
On Saturday we had a post about an injunction granted by Mr Justice Cooke against the Wall Street Journal. The injunction [pdf] was made on an interim basis until the hearing on the Southwark Crown Court today. At that hearing Mr Justice Cooke refused to renew the injunction which has, therefore, now lapsed. Continue reading
On Thursday 17 October 2013 Mr Justice Cooke granted the Serious Fraud Office a without notice injunction against Wall Street Journal journalist David Enrich to prevent the publication of the names of individuals on the indictment in the LIBOR trial, R v Hayes, Farr and Gilmour. The Wall Street Journal have published a copy of the injunction [pdf]. Continue reading
I feel as if I write this same thing about once every year. Someone rushes to court to get an injunction preventing the release of information. It’s based on breach of confidence. Here it’s the Earthquake Commission seeking to prevent the release of a database containing assessments about 83,000 Christchurch claims. Continue reading
The radical cleric Abu Qatada is in the news again following his arrest for an alleged breach of bail. The controversial refusal of the Courts to order his deportation to Jordan led to demonstrations outside his family home and to an application, last month, for an anti-harassment injunction by his wife and children. This was granted on 25 February 2012 by Mr Justice Silber.
On 17 January 2013, Mr Justice Briggs in the Chancery Division handed down judgment in Rocknroll v NGN ( EWHC 24 (Ch)) explaining his decision to grant an interim injunction to restrain the Sun from publishing photographs of the claimant which had appeared on a Facebook page. The injunction was granted to restrain the misuse of private information and to prevent the infringement of the copyright in the photographs. Continue reading