PJS v News Group Newspapers Ltd

PJS v News Group Newspapers Ltd

The injunction must be set aside because knowledge of the relevant matters is now so widespread that confidentiality has probably been lost, much of the harm has already occurred, and the claimant is not likely to obtain a permanent injunction at trial. The weight of the claimant’s article 8 rights has diminished in the balancing exercise against NGN’s article 10 rights, and the court should not make ineffective orders banning publication of what is now common knowledge.

Parties
Appellant/claimant: PJS; Respondent/defendant: News Group Newspapers Ltd
Jurisdiction
England and Wales
Judgment Date
18 April 2016
Procedural Posture
Civil Appeal / Application to Set Aside Interim Injunction
Outcome
Application to set aside injunction allowed; injunction discharged
Legal Topics
Interim Injunctions, Misuse of Private Information, Breach of Confidence, Freedom of Expression, Article 8 ECHR, Article 10 ECHR, Public Domain
Media Law Privacy Law Human Rights Interim Injunctions Misuse of Private Information Breach of Confidence Freedom of Expression Article 8 ECHR +2 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 4 Authorities cited 16 Party arguments 2
Sign in to unlock

Parties

PJS

Appellant/claimant

News Group Newspapers Ltd

Respondent/defendant

Procedural Posture

Civil Appeal / Application to Set Aside Interim Injunction

Legal Issues

  1. 1 Whether the interim injunction restraining publication of private information should be set aside due to the information entering the public domain
  2. 2 Whether the claimant is likely to obtain a permanent injunction at trial under section 12(3) Human Rights Act 1998

Ratio Decidendi

The injunction must be set aside because knowledge of the relevant matters is now so widespread that confidentiality has probably been lost, much of the harm has already occurred, and the claimant is not likely to obtain a permanent injunction at trial. The weight of the claimant’s article 8 rights has diminished in the balancing exercise against NGN’s article 10 rights, and the court should not make ineffective orders banning publication of what is now common knowledge.

Court Disposition

Application to set aside injunction allowed; injunction discharged

Orders

  • The injunction restraining publication of the information identified in the confidential schedule to the order dated 22nd January 2016 is set aside.
  • Documents on the court file, including the unredacted judgment of 22nd January 2016, remain confidential for the time being.