Kerner v WX & Anor [2015] EWHC 128 (QB) (27 January 2015)

Kerner v WX & Anor [2015] EWHC 128 (QB) (27 January 2015)

The court granted an injunction restraining harassment by photography, loitering, or pursuit, finding a real risk of repetition and likelihood of relief at trial, but refused to grant an interim non-disclosure order due to lack of notice to media and insufficient evidence of imminent publication.

Citation
[2015] EWHC 128 (QB)
Parties
Intended Claimant: Katherine Elizabeth Kerner; Intended Claimant (represented by Katherine Kerner): Jack Robert Michael Kerner; Intended Defendant: WX; Intended Defendant: YZ
Jurisdiction
England and Wales
Judgment Date
27 January 2015
Procedural Posture
Application for Injunction / Emergency Interim Hearing
Outcome
Injunction granted in part; interim non-disclosure order refused.
Legal Topics
Harassment, Privacy, Interim Injunctions, Non Disclosure Orders
Civil Procedure Human Rights Media Law Harassment Privacy Interim Injunctions Non Disclosure Orders

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Parties

Katherine Elizabeth Kerner

Intended Claimant

Jack Robert Michael Kerner

Intended Claimant (represented by Katherine Kerner)

WX

Intended Defendant

YZ

Intended Defendant

Procedural Posture

Application for Injunction / Emergency Interim Hearing

Legal Issues

  1. 1 Whether an injunction should be granted to restrain harassment by persons unknown
  2. 2 Whether an interim non-disclosure order should be granted against publication of identifying material

Ratio Decidendi

The court granted an injunction restraining harassment by photography, loitering, or pursuit, finding a real risk of repetition and likelihood of relief at trial, but refused to grant an interim non-disclosure order due to lack of notice to media and insufficient evidence of imminent publication.

Court Disposition

Injunction granted in part; interim non-disclosure order refused.

Orders

  • Injunction restraining harassment by photography, videoing, loitering within 100m of home, or pursuing the claimants granted against persons unknown (WX and YZ) until Return Date.
  • Undertakings required similar to Schedule B of Model Order.