DFT v TFD [2010] EWHC 2335 (QB) (27 September 2010)

DFT v TFD [2010] EWHC 2335 (QB) (27 September 2010)

The applicant is likely to establish at trial that the information is private and confidential, and that publication should not be allowed. The continuation of the injunction is justified to protect the applicant's Article 8 rights, prevent blackmail, and avoid substantial distress. Anonymity is necessary, but a prohibition on reporting the existence of the proceedings is no longer required, provided the order delineates what may be published to minimise the risk of jigsaw identification.

Citation
[2010] EWHC 2335
Parties
Claimant/applicant: DFT; Defendant/respondent: TFD
Jurisdiction
England and Wales
Judgment Date
27 September 2010
Procedural Posture
Interim Injunction Application (privacy/blackmail) / Return Date Hearing on Continuation of Interim Injunction
Outcome
Interim injunction continued until trial or further order; anonymity order maintained; prohibition on reporting the existence of the proceedings lifted with proviso.
Legal Topics
Interim Injunctions, Blackmail, Anonymity Orders, Freedom of Expression, Open Justice, Article 8 ECHR, Article 10 ECHR
Privacy Law Civil Procedure Human Rights Interim Injunctions Blackmail Anonymity Orders Freedom of Expression Open Justice +2 more

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Parties

DFT

Claimant/applicant

TFD

Defendant/respondent

Procedural Posture

Interim Injunction Application (privacy/blackmail) / Return Date Hearing on Continuation of Interim Injunction

Legal Issues

  1. 1 Whether the applicant is likely to establish at trial that the information is private and/or confidential and that publication should not be allowed
  2. 2 Whether the continuation of the interim injunction is justified under section 12(3) of the Human Rights Act 1998
  3. 3 Whether anonymity and reporting restrictions are necessary and proportionate

Ratio Decidendi

The applicant is likely to establish at trial that the information is private and confidential, and that publication should not be allowed. The continuation of the injunction is justified to protect the applicant's Article 8 rights, prevent blackmail, and avoid substantial distress. Anonymity is necessary, but a prohibition on reporting the existence of the proceedings is no longer required, provided the order delineates what may be published to minimise the risk of jigsaw identification.

Court Disposition

Interim injunction continued until trial or further order; anonymity order maintained; prohibition on reporting the existence of the proceedings lifted with proviso.

Orders

  • Continuation of interim injunction restraining publication of private and confidential information
  • Anonymity of parties to continue