WXY v Gewanter & Ors

WXY v Gewanter & Ors

None of the disputed material in the Confidential Schedule has entered the public domain to such an extent that injunctive relief would be futile. Even if some information was accessible online or in print, the Claimant's identity was not generally known, and further publication would serve to protect her privacy and prevent harassment. The balance of Article 8 and Article 10 rights favours the Claimant. Disclosure obligations and funder information are justified to protect the integrity of the proceedings.

Parties
Claimant: WXY; First Defendant: Henry Gewanter; Second Defendant: Positive Profile Ltd; Third Defendant: Mark Burby
Jurisdiction
England and Wales
Judgment Date
13 June 2012
Procedural Posture
Civil / Post Trial, Final Order Determination
Outcome
Final injunctive relief granted in favour of the Claimant against the Third Defendant.
Legal Topics
Breach of Confidence, Misuse of Private Information, Harassment, Injunctive Relief, Public Domain, Article 8 ECHR, Article 10 ECHR, Parliamentary Privilege
Privacy Law Media Law Civil Procedure Breach of Confidence Misuse of Private Information Harassment Injunctive Relief Public Domain +3 more

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Parties

WXY

Claimant

Henry Gewanter

First Defendant

Positive Profile Ltd

Second Defendant

Mark Burby

Third Defendant

Procedural Posture

Civil / Post Trial, Final Order Determination

Legal Issues

  1. 1 Whether material in the Confidential Schedule has entered the public domain so as to defeat injunctive relief
  2. 2 Whether balancing Article 8 and Article 10 ECHR rights requires refusal of injunctive relief
  3. 3 Whether the court should require disclosure of funders' contact addresses and the territorial scope of disclosure obligations

Ratio Decidendi

None of the disputed material in the Confidential Schedule has entered the public domain to such an extent that injunctive relief would be futile. Even if some information was accessible online or in print, the Claimant's identity was not generally known, and further publication would serve to protect her privacy and prevent harassment. The balance of Article 8 and Article 10 rights favours the Claimant. Disclosure obligations and funder information are justified to protect the integrity of the proceedings.

Court Disposition

Final injunctive relief granted in favour of the Claimant against the Third Defendant.

Orders

  • Permanent injunction restraining the Third Defendant from disclosing or publishing the Claimant's private or confidential information and from harassment.
  • Obligation on the Third Defendant to disclose the names of persons to whom documents were published, with territorial limitation for certain documents.