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 to privacy and health outweigh any Article 10 rights of the defendants or media; there is no public interest in disclosure, and a contra mundum injunction is necessary and proportionate to protect those rights given the risk of publication.

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

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Parties

OPQ

Claimant

BJM

First Defendant

CJM

Second Defendant

Procedural Posture

Civil (privacy/confidentiality/blackmail) / Application for Contra Mundum Injunction Following Interim Injunction and Settlement

Legal Issues

  1. 1 Whether a contra mundum injunction should be granted to restrain publication of confidential information about the claimant's private life
  2. 2 Whether Article 8 rights of the claimant and family outweigh Article 10 rights of the defendants and media
  3. 3 Whether the court has jurisdiction to grant a contra mundum injunction outside wardship or parens patriae contexts

Ratio Decidendi

The claimant and his family's Article 8 rights to privacy and health outweigh any Article 10 rights of the defendants or media; there is no public interest in disclosure, and a contra mundum injunction is necessary and proportionate to protect those rights given the risk of publication.

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