AXB v CYD & Ors (Rev1) [2025] EWHC 2642 (KB) (16 October 2025)

AXB v CYD & Ors (Rev1) [2025] EWHC 2642 (KB) (16 October 2025)

The claimant has not satisfied the court that she is likely to establish at trial that publication should not be allowed, as required by section 12(3) of the Human Rights Act 1998 and the rule in Bonnard v Perryman. The evidence is finely balanced, credibility is at large, and there is a real prospect the defendants will prove substantial truth. Interim injunctive relief in defamation and harassment is refused. Limited interim relief is granted in respect of misuse of private information against the third defendant, and undertakings are accepted from the first and second defendants regarding non-publication of private information.

Citation
[2025] EWHC 2642 (KB)
Parties
Claimant: AXB; First Defendant: CYD; Second Defendant: EYD; Third Defendant: FZG
Jurisdiction
England and Wales
Judgment Date
16 October 2025
Procedural Posture
Interim Injunction Application in Defamation, Misuse of Private Information, and Harassment / Interim Relief Hearing Prior to Service of Claim Form and Particulars of Claim
Outcome
Interim injunctions in defamation and harassment refused; limited interim injunction granted for misuse of private information; undertakings accepted from first and second defendants; anonymity and evidence access restrictions ordered.
Legal Topics
Interim Injunctions, Libel, Misuse of Private Information, Protection From Harassment Act 1997, Freedom of Expression, Anonymity Orders
Defamation Privacy Harassment Media Law Interim Injunctions Libel Misuse of Private Information Protection From Harassment Act 1997 +2 more

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Parties

AXB

Claimant

CYD

First Defendant

EYD

Second Defendant

FZG

Third Defendant

Procedural Posture

Interim Injunction Application in Defamation, Misuse of Private Information, and Harassment / Interim Relief Hearing Prior to Service of Claim Form and Particulars of Claim

Legal Issues

  1. 1 Whether the claimant is entitled to interim injunctive relief restraining publication of alleged defamatory statements, misuse of private information, and harassment
  2. 2 Whether the threshold for interim relief under section 12 of the Human Rights Act 1998 and the rule in Bonnard v Perryman is met
  3. 3 Whether the evidence supports a real prospect of success for the claimant at trial

Ratio Decidendi

The claimant has not satisfied the court that she is likely to establish at trial that publication should not be allowed, as required by section 12(3) of the Human Rights Act 1998 and the rule in Bonnard v Perryman. The evidence is finely balanced, credibility is at large, and there is a real prospect the defendants will prove substantial truth. Interim injunctive relief in defamation and harassment is refused. Limited interim relief is granted in respect of misuse of private information against the third defendant, and undertakings are accepted from the first and second defendants regarding non-publication of private information.

Court Disposition

Interim injunctions in defamation and harassment refused; limited interim injunction granted for misuse of private information; undertakings accepted from first and second defendants; anonymity and evidence access restrictions ordered.

Orders

  • Refusal of interim injunctive relief restraining publication of alleged defamatory statements and harassment.
  • Grant of interim injunction restraining the third defendant from publishing or threatening to publish the claimant's home address, personal telephone number, photographs or images of her child, or personal communications not already in the public domain, save for litigation or legal advice.