X & Y v Persons Unknown [2006] EWHC 2783 (QB) (08 November 2006)

X & Y v Persons Unknown [2006] EWHC 2783 (QB) (08 November 2006)

Claimants are entitled to interim injunctive relief restraining publication of specific confidential marital information, as Article 8 rights are engaged and not waived; the injunction must be proportionate, specific, and include a public domain proviso; non-disclosure by claimants does not warrant discharge given mitigating circumstances; third parties affected should be notified and heard where practicable.

Citation
[2006] EWHC 2783 (QB)
Parties
Claimants: X & Y; Defendants: Persons unknown (offering/providing information to Mail on Sunday, Mirror, Sun newspapers); Interested Third Parties: MGN Limited and News Group Newspapers Limited; Interested Third Party: Associated Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
08 November 2006
Procedural Posture
Interim Injunction (privacy/confidence) / Application to Discharge or Vary Injunction
Outcome
Interim injunction continued (with variation)
Legal Topics
Interim Injunctions, Article 8 ECHR (privacy), Article 10 ECHR (freedom of Expression), Duty of Confidence, Persons Unknown, Spycatcher Principle, Non Disclosure, Public Domain Proviso
Privacy Law Media Law Human Rights Law Civil Procedure Interim Injunctions Article 8 ECHR (privacy) Article 10 ECHR (freedom of Expression) Duty of Confidence +4 more

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Parties

X & Y

Claimants

Persons unknown (offering/providing information to Mail on Sunday, Mirror, Sun newspapers)

Defendants

MGN Limited and News Group Newspapers Limited

Interested Third Parties

Associated Newspapers Limited

Interested Third Party

Procedural Posture

Interim Injunction (privacy/confidence) / Application to Discharge or Vary Injunction

Legal Issues

  1. 1 Whether claimants are entitled to privacy/confidence protection for marital information
  2. 2 Whether Article 8 ECHR rights are engaged
  3. 3 Whether the injunction terms are proportionate and sufficiently certain

Ratio Decidendi

Claimants are entitled to interim injunctive relief restraining publication of specific confidential marital information, as Article 8 rights are engaged and not waived; the injunction must be proportionate, specific, and include a public domain proviso; non-disclosure by claimants does not warrant discharge given mitigating circumstances; third parties affected should be notified and heard where practicable.

Court Disposition

Interim injunction continued (with variation)

Orders

  • Injunction to restrain publication of specified confidential marital information continued, subject to a confidential schedule and public domain proviso.
  • Claimants directed to use best endeavours to trace and serve persons unknown.