CTB v News Group Newspapers Ltd & Anor [2011] EWHC 1232 (QB) (16 May 2011)

CTB v News Group Newspapers Ltd & Anor [2011] EWHC 1232 (QB) (16 May 2011)

The claimant is likely to succeed at trial in obtaining a permanent injunction because he has a reasonable expectation of privacy in the information, there is no legitimate public interest in publication, and the Article 8 rights of the claimant and his family outweigh the Article 10 rights of the defendants. The evidence supports the need for interim relief, particularly given the risk of blackmail and the absence of any credible countervailing justification for publication.

Citation
[2011] EWHC 1232
Parties
Claimant: CTB; First Defendant: News Group Newspapers Limited; Second Defendant: Imogen Thomas
Jurisdiction
England and Wales
Judgment Date
16 May 2011
Procedural Posture
Interim Injunction Application (privacy/confidence) / Return Date Hearing Following Grant of Temporary Injunction
Outcome
Interim injunction continued; anonymity for claimant maintained; publication restricted to terms of judgment and order.
Legal Topics
Interim Injunctions, Reasonable Expectation of Privacy, Article 8 ECHR, Article 10 ECHR, Blackmail, Public Domain Proviso
Privacy Law Media Law Human Rights Interim Injunctions Reasonable Expectation of Privacy Article 8 ECHR Article 10 ECHR Blackmail +1 more

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Parties

CTB

Claimant

News Group Newspapers Limited

First Defendant

Imogen Thomas

Second Defendant

Procedural Posture

Interim Injunction Application (privacy/confidence) / Return Date Hearing Following Grant of Temporary Injunction

Legal Issues

  1. 1 Whether the claimant is entitled to an interim injunction restraining publication of private information
  2. 2 Whether the claimant has a reasonable expectation of privacy in the information at issue
  3. 3 Whether Article 8 rights outweigh Article 10 rights in the circumstances

Ratio Decidendi

The claimant is likely to succeed at trial in obtaining a permanent injunction because he has a reasonable expectation of privacy in the information, there is no legitimate public interest in publication, and the Article 8 rights of the claimant and his family outweigh the Article 10 rights of the defendants. The evidence supports the need for interim relief, particularly given the risk of blackmail and the absence of any credible countervailing justification for publication.

Court Disposition

Interim injunction continued; anonymity for claimant maintained; publication restricted to terms of judgment and order.

Orders

  • Continued injunction restraining publication of claimant's identity and private information, subject to public domain proviso.
  • Publication of any report as to the subject-matter or identity of the claimant limited to what is contained in the judgment and court order dated 21 April 2011.