NNN v D1 & Anor [2014] EWHC B14 (QB) (23 July 2014)

NNN v D1 & Anor [2014] EWHC B14 (QB) (23 July 2014)

The defendant's admitted conduct amounted to blackmail or something very close to it, and the facts in dispute were of marginal significance. Even if proven, they would not defeat the claimant's right to a permanent injunction. The claimant's Article 8 rights to privacy and confidentiality outweighed the defendant's Article 10 rights, and the injunction was necessary and proportionate.

Citation
[2014] EWHC B14 (QB)
Parties
Claimant: C; First Defendant: D1; Second Defendant: D2
Jurisdiction
England and Wales
Judgment Date
23 July 2014
Procedural Posture
Civil / Summary Judgment and Final Injunction Hearing
Outcome
Summary judgment granted for the claimant; permanent injunction issued against both defendants.
Legal Topics
Anonymity, Confidential Information, Blackmail, Permanent Injunction, Summary Judgment, Open Justice
Privacy Law Civil Procedure Anonymity Confidential Information Blackmail Permanent Injunction Summary Judgment Open Justice

Case Brief

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Parties

C

Claimant

D1

First Defendant

D2

Second Defendant

Procedural Posture

Civil / Summary Judgment and Final Injunction Hearing

Legal Issues

  1. 1 Whether the claimant is entitled to a permanent injunction restraining publication of confidential information
  2. 2 Whether the defendant's conduct amounts to blackmail or a legitimate exercise of rights
  3. 3 Whether the facts in dispute require a trial or can be resolved summarily

Ratio Decidendi

The defendant's admitted conduct amounted to blackmail or something very close to it, and the facts in dispute were of marginal significance. Even if proven, they would not defeat the claimant's right to a permanent injunction. The claimant's Article 8 rights to privacy and confidentiality outweighed the defendant's Article 10 rights, and the injunction was necessary and proportionate.

Court Disposition

Summary judgment granted for the claimant; permanent injunction issued against both defendants.

Orders

  • Relief from sanction granted to D1 for failure to serve disclosure list.
  • Summary judgment on liability granted to claimant.