OPQ v BJM & Anor [2011] EWHC 1059 (QB) (20 April 2011)

OPQ v BJM & Anor [2011] EWHC 1059 (QB) (20 April 2011)

The claimant and his family's Article 8 rights are engaged and outweigh any Article 10 rights of the defendants or third parties. There is a clear risk of publication, and no other means to protect those rights exists. Therefore, a contra mundum injunction is necessary and proportionate.

Citation
[2011] EWHC 1059 (QB)
Parties
Claimant: OPQ; First Defendant: BJM; Second Defendant: CJM
Jurisdiction
England and Wales
Judgment Date
20 April 2011
Procedural Posture
Privacy Injunction / Blackmail / Confidentiality / Application for Contra Mundum Injunction Following Interim Injunction and Settlement
Outcome
Contra mundum injunction granted
Legal Topics
Confidentiality, Blackmail, Injunctions, Article 8 ECHR, Article 10 ECHR, Contra Mundum Orders
Privacy Law Human Rights Law Media Law Confidentiality Blackmail Injunctions Article 8 ECHR Article 10 ECHR +1 more

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Parties

OPQ

Claimant

BJM

First Defendant

CJM

Second Defendant

Procedural Posture

Privacy Injunction / Blackmail / Confidentiality / Application for Contra Mundum Injunction Following Interim Injunction and Settlement

Legal Issues

  1. 1 Whether a contra mundum injunction should be granted to protect the claimant's Article 8 rights after settlement and interim injunction
  2. 2 Whether the court has jurisdiction to grant an injunction against the world (contra mundum) in support of private law rights to confidentiality

Ratio Decidendi

The claimant and his family's Article 8 rights are engaged and outweigh any Article 10 rights of the defendants or third parties. There is a clear risk of publication, and no other means to protect those rights exists. Therefore, a contra mundum injunction is necessary and proportionate.

Court Disposition

Contra mundum injunction granted

Orders

  • Publication of any report as to the subject-matter of these proceedings or the identity of the Claimant is limited to what is contained in this judgment
  • Interim injunction remains in force until further order