NPV v QEL & Anor

NPV v QEL & Anor

The Claimant demonstrated a strong prima facie case of blackmail and harassment by the Defendants, justifying an interim non-disclosure and harassment injunction. The information at issue was private, related to a sexual relationship, and there was no public interest in disclosure. The blackmail element significantly strengthened the Claimant's case for privacy and injunctive relief. The risk of publication if the Defendants were notified justified proceeding without notice and in private. The Claimant was likely to succeed at trial on both misuse of private information and harassment claims.

Parties
Claimant: NPV; First Defendant: QEL; Second Defendant: ZED (person unknown allegedly trying to blackmail the Claimant)
Jurisdiction
England and Wales
Judgment Date
28 March 2018
Procedural Posture
Interim Injunction Application / Interim Judgment on Without Notice Application
Outcome
Interim non-disclosure and harassment injunction granted without notice, to continue until the return date.
Legal Topics
Interim Injunctions, Non Disclosure Orders, Misuse of Private Information, Harassment, Blackmail, Anonymity Orders, Freedom of Expression
Civil Procedure Media Law Privacy Law Tort Law Interim Injunctions Non Disclosure Orders Misuse of Private Information Harassment +3 more

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Parties

NPV

Claimant

QEL

First Defendant

ZED (person unknown allegedly trying to blackmail the Claimant)

Second Defendant

Procedural Posture

Interim Injunction Application / Interim Judgment on Without Notice Application

Legal Issues

  1. 1 Whether the Claimant is entitled to an interim non-disclosure and harassment injunction against the Defendants
  2. 2 Whether the application should be heard without notice and in private
  3. 3 Whether the Claimant is likely to succeed at trial on claims for misuse of private information and harassment

Ratio Decidendi

The Claimant demonstrated a strong prima facie case of blackmail and harassment by the Defendants, justifying an interim non-disclosure and harassment injunction. The information at issue was private, related to a sexual relationship, and there was no public interest in disclosure. The blackmail element significantly strengthened the Claimant's case for privacy and injunctive relief. The risk of publication if the Defendants were notified justified proceeding without notice and in private. The Claimant was likely to succeed at trial on both misuse of private information and harassment claims.

Court Disposition

Interim non-disclosure and harassment injunction granted without notice, to continue until the return date.

Orders

  • The Defendants are restrained from publishing or communicating the private information about the Claimant.
  • The Defendants are restrained from harassing the Claimant.