ZAM v CFW & Anor

ZAM v CFW & Anor

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 that publication should not be allowed. Anonymity and derogations from open justice are justified to prevent further harm and speculative reporting.

Parties
Claimant: ZAM; First Defendant: CFW; Second Defendant: TFW
Jurisdiction
England and Wales
Judgment Date
07 March 2011
Procedural Posture
Civil / Interim Injunction Application; Return Date Hearing
Outcome
Interim injunction granted; anonymity ordered; costs awarded to Claimant
Legal Topics
Interim Injunctions, Anonymity Orders, Blackmail, Protection From Harassment Act, Defamation, Open Justice, Service of Process
Defamation Harassment Civil Procedure Interim Injunctions Anonymity Orders Blackmail Protection From Harassment Act Open Justice +1 more

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Parties

ZAM

Claimant

CFW

First Defendant

TFW

Second Defendant

Procedural Posture

Civil / Interim Injunction Application; Return Date Hearing

Legal Issues

  1. 1 Whether the court should grant 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 that publication should not be allowed. Anonymity and derogations from open justice are justified to prevent further harm and speculative reporting.

Court Disposition

Interim injunction granted; anonymity ordered; costs awarded to Claimant

Orders

  • Prohibition of publication or further publication of the words complained of or similar defamatory words
  • Anonymity of all parties ordered