ZAM v CFW & Anor [2011] EWHC 476 (QB) (07 March 2011)

ZAM v CFW & Anor [2011] EWHC 476 (QB) (07 March 2011)

There is a prima facie case of libel and harassment, a continuing threat of further publication, and no credible defence advanced. The Claimant is likely to succeed at trial. Anonymity and derogations from open justice are justified to prevent frustration of the injunction and protect against blackmail and speculation.

Citation
[2011] EWHC 476
Parties
Claimant: ZAM; First Defendant: CFW; Second Defendant: TFW
Jurisdiction
England and Wales
Judgment Date
07 March 2011
Procedural Posture
Interim Injunction Application (on Notice) in Defamation and Harassment / Return Date Hearing Following Grant of Urgent Ex Parte Interim Injunction
Outcome
Interim injunction continued until trial or further order; anonymity and derogations from open justice granted; costs awarded to Claimant.
Legal Topics
Interim Injunctions, Libel, Protection From Harassment Act 1997, Anonymity Orders, Open Justice, Blackmail, Service of Process
Defamation Harassment Civil Procedure Human Rights Interim Injunctions Libel Protection From Harassment Act 1997 Anonymity Orders +3 more

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Parties

ZAM

Claimant

CFW

First Defendant

TFW

Second Defendant

Procedural Posture

Interim Injunction Application (on Notice) in Defamation and Harassment / Return Date Hearing Following Grant of Urgent Ex Parte Interim Injunction

Legal Issues

  1. 1 Whether to continue an interim injunction restraining publication of allegedly defamatory and harassing communications
  2. 2 Whether the Claimant is entitled to anonymity and derogations from open justice
  3. 3 Whether the conduct complained of constitutes harassment under the Protection from Harassment Act 1997

Ratio Decidendi

There is a prima facie case of libel and harassment, a continuing threat of further publication, and no credible defence advanced. The Claimant is likely to succeed at trial. Anonymity and derogations from open justice are justified to prevent frustration of the injunction and protect against blackmail and speculation.

Court Disposition

Interim injunction continued until trial or further order; anonymity and derogations from open justice granted; costs awarded to Claimant.

Orders

  • Prohibition on publication or further publication of the words complained of or similar defamatory words about the Claimant
  • Anonymity order for all parties