Wer v Rew [2009] EWHC 1029 (QB) (26 January 2009)

Wer v Rew [2009] EWHC 1029 (QB) (26 January 2009)

The injunction should be continued until trial or further order despite the claimant not disclosing the truth or falsity of the information or its public domain status, as the law does not require such disclosure for privacy injunctions and the claimant's approach was a legitimate exercise of counsel's discretion. Notification to all media organisations is not mandatory unless they have shown an interest in the story.

Citation
[2009] EWHC 1029 (QB)
Parties
Applicant/claimant: WER; Respondent/defendant: REW
Jurisdiction
England and Wales
Judgment Date
26 January 2009
Procedural Posture
Injunction (interim Relief) / Application to Continue Interim Injunction Until Trial or Further Order
Outcome
Interim injunction continued until trial or further order.
Legal Topics
Interim Injunctions, Misuse of Private Information, Article 8 ECHR, Article 10 ECHR, Section 12 Human Rights Act 1998, Notification to Non Parties, Public Domain and Confidentiality
Privacy Law Media Law Human Rights Interim Injunctions Misuse of Private Information Article 8 ECHR Article 10 ECHR Section 12 Human Rights Act 1998 +2 more

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Parties

WER

Applicant/claimant

REW

Respondent/defendant

Procedural Posture

Injunction (interim Relief) / Application to Continue Interim Injunction Until Trial or Further Order

Legal Issues

  1. 1 Whether an interim injunction restraining publication of private information should be continued where the claimant does not disclose the truth or falsity of the information or its public domain status
  2. 2 Whether there is an obligation to notify all media organisations intended to be served with the injunction

Ratio Decidendi

The injunction should be continued until trial or further order despite the claimant not disclosing the truth or falsity of the information or its public domain status, as the law does not require such disclosure for privacy injunctions and the claimant's approach was a legitimate exercise of counsel's discretion. Notification to all media organisations is not mandatory unless they have shown an interest in the story.

Court Disposition

Interim injunction continued until trial or further order.

Orders

  • The interim injunction restraining publication of the private information is continued until trial or further order.
  • The judgment is to be supplied in redacted form to third parties, omitting certain quotations from counsel's skeleton argument.