Kerner v WX & Anor

Kerner v WX & Anor

The court granted an interim injunction restraining harassment by photography, videoing, loitering, or pursuit by the identified persons unknown, as there was a real risk of repetition and a likelihood of success at trial. Relief restraining publication of identifying material was refused due to lack of notice to the media and insufficient evidence of likelihood of publication.

Parties
Intended Claimant: Katherine Elizabeth Kerner; Child (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 / Interim Application Hearing
Outcome
Interim injunction granted in part, refused in part
Legal Topics
Injunctions, Harassment by Publication, Protection From Harassment Act, Non Disclosure Orders, Human Rights Act S.12
Civil Procedure Media Law Harassment Injunctions Harassment by Publication Protection From Harassment Act Non Disclosure Orders Human Rights Act S.12

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Parties

Katherine Elizabeth Kerner

Intended Claimant

Jack Robert Michael Kerner

Child (represented by Katherine Kerner)

WX

Intended Defendant

YZ

Intended Defendant

Procedural Posture

Application for Injunction / Interim Application Hearing

Legal Issues

  1. 1 Whether an interim injunction should be granted to restrain harassment by persons unknown through photography, loitering, or publication.
  2. 2 Whether relief should be granted to restrain publication of identifying material about the claimant and her son.

Ratio Decidendi

The court granted an interim injunction restraining harassment by photography, videoing, loitering, or pursuit by the identified persons unknown, as there was a real risk of repetition and a likelihood of success at trial. Relief restraining publication of identifying material was refused due to lack of notice to the media and insufficient evidence of likelihood of publication.

Court Disposition

Interim injunction granted in part, refused in part

Orders

  • Interim injunction restraining harassment by photography, videoing, loitering within 100m of home, or pursuit of the claimant and her son by the identified persons unknown, until the return date.
  • Relief restraining publication of identifying material refused.