QWE v SDF & Ors [2011] EWHC 3121 (QB) (30 November 2011)

QWE v SDF & Ors [2011] EWHC 3121 (QB) (30 November 2011)

The court granted the interim non-disclosure order without notice because the claimant was subject to an alleged blackmail attempt, there was a reasonable expectation of privacy, and derogations from open justice were necessary to prevent frustration of the proceedings.

Citation
[2011] EWHC 3121
Parties
Claimant: QWE; First Defendant: SDF; Second Defendant: GHJ; Third Defendant: RTY
Jurisdiction
England and Wales
Judgment Date
30 November 2011
Procedural Posture
Interim Injunction Application / Without Notice Hearing
Outcome
Interim injunction granted
Legal Topics
Interim Non Disclosure Orders, Blackmail, Open Justice, Human Rights Act 1998, Article 8 ECHR, Article 10 ECHR
Privacy Law Civil Procedure Interim Non Disclosure Orders Blackmail Open Justice Human Rights Act 1998 Article 8 ECHR Article 10 ECHR

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Parties

QWE

Claimant

SDF

First Defendant

GHJ

Second Defendant

RTY

Third Defendant

Procedural Posture

Interim Injunction Application / Without Notice Hearing

Legal Issues

  1. 1 Whether an interim non-disclosure order should be granted without notice to the defendants in a blackmail context
  2. 2 Whether the claimant has a reasonable expectation of privacy in the information sought to be protected
  3. 3 Whether derogations from open justice are justified

Ratio Decidendi

The court granted the interim non-disclosure order without notice because the claimant was subject to an alleged blackmail attempt, there was a reasonable expectation of privacy, and derogations from open justice were necessary to prevent frustration of the proceedings.

Court Disposition

Interim injunction granted

Orders

  • Prohibition on disclosure of specified private information, particularly details of sexual relationships between claimant and first or second defendants
  • Hearing to be held in private