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 publication, and no credible defence advanced. The Claimant is likely to establish at trial that publication should not be allowed. The circumstances justify interim injunctive relief and anonymity for all parties.

Citation
[2011] EWHC 476 (QB)
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) / Post Interim Order, Return Date Hearing
Outcome
Interim injunction granted; anonymity orders continued; costs awarded to Claimant.
Legal Topics
Interim Injunctions, Anonymity Orders, Protection From Harassment Act 1997, Defamation—libel, Open Justice Derogations, Blackmail, Service of Process
Defamation Harassment Civil Procedure Human Rights Interim Injunctions Anonymity Orders Protection From Harassment Act 1997 Defamation—libel +3 more

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Parties

ZAM

Claimant

CFW

First Defendant

TFW

Second Defendant

Procedural Posture

Interim Injunction Application (on Notice) / Post Interim Order, Return Date Hearing

Legal Issues

  1. 1 Whether the Claimant is entitled to an interim injunction restraining publication of allegedly defamatory and harassing material
  2. 2 Whether the case justifies derogations from open justice including anonymity
  3. 3 Whether the conduct amounts to harassment under the Protection from Harassment Act 1997

Ratio Decidendi

There is a prima facie case of libel and harassment, a continuing threat of publication, and no credible defence advanced. The Claimant is likely to establish at trial that publication should not be allowed. The circumstances justify interim injunctive relief and anonymity for all parties.

Court Disposition

Interim injunction granted; anonymity orders continued; 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