OPQ v BJM & Anor

OPQ v BJM & Anor

The claimant and his family have a reasonable expectation of privacy in the information at issue, their Article 8 rights are engaged, there is no legitimate public interest in disclosure, and the risk of media publication makes a contra mundum injunction necessary and proportionate to protect those rights.

Parties
Claimant: OPQ; First Defendant: BJM; Second Defendant: CJM
Jurisdiction
England and Wales
Judgment Date
20 April 2011
Procedural Posture
Civil / Judgment on Application for Contra Mundum Injunction
Outcome
Contra mundum injunction granted
Legal Topics
Injunctions, Article 8 ECHR, Article 10 ECHR, Confidentiality, Contra Mundum Orders, Spycatcher Doctrine
Privacy Law Human Rights Law Civil Procedure Injunctions Article 8 ECHR Article 10 ECHR Confidentiality Contra Mundum Orders +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 25 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

OPQ

Claimant

BJM

First Defendant

CJM

Second Defendant

Procedural Posture

Civil / Judgment on Application for Contra Mundum Injunction

Legal Issues

  1. 1 Whether a contra mundum injunction should be granted to protect the claimant's Article 8 rights
  2. 2 Whether the Spycatcher doctrine continues to apply after settlement and undertaking
  3. 3 Whether the court has jurisdiction to grant an injunction against the world in protection of private law rights

Ratio Decidendi

The claimant and his family have a reasonable expectation of privacy in the information at issue, their Article 8 rights are engaged, there is no legitimate public interest in disclosure, and the risk of media publication makes a contra mundum injunction necessary and proportionate to protect those rights.

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