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's refusal to disclose the truth or falsity of the information or its public domain status, as the stance is legitimate under McKennitt v Ash and the respondent does not oppose. Notification obligations to media non-parties are limited to those with a demonstrated interest in the story.

Citation
[2009] EWHC 1029
Parties
Applicant/claimant: WER; Respondent/defendant: REW
Jurisdiction
England and Wales
Judgment Date
26 January 2009
Procedural Posture
Injunction Application / Interim Hearing; Continuation of Injunction Until Trial or Further Order
Outcome
Injunction continued until trial or further order
Legal Topics
Misuse of Private Information, Interim Injunctions, Article 10 ECHR, Section 12 Human Rights Act 1998, Notification to Media Non Parties
Privacy Media Law Human Rights Misuse of Private Information Interim Injunctions Article 10 ECHR Section 12 Human Rights Act 1998 Notification to Media Non Parties

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Parties

WER

Applicant/claimant

REW

Respondent/defendant

Procedural Posture

Injunction Application / Interim Hearing; Continuation of Injunction Until Trial or Further Order

Legal Issues

  1. 1 Whether an interim injunction restraining publication of allegedly private information should be continued when the claimant does not disclose truth or falsity of the information
  2. 2 Extent of notification required to media non-parties intended to be served with the injunction

Ratio Decidendi

The injunction should be continued until trial or further order despite the claimant's refusal to disclose the truth or falsity of the information or its public domain status, as the stance is legitimate under McKennitt v Ash and the respondent does not oppose. Notification obligations to media non-parties are limited to those with a demonstrated interest in the story.

Court Disposition

Injunction continued until trial or further order

Orders

  • Judgment to be supplied in redacted form to third-parties, omitting quotation from paragraph 6 of Mr Spearman's skeleton argument
  • Injunction restraining publication of the information by the defendant and notified media organisations