OPO v MLA & Anor [2014] EWHC 2468 (QB) (18 July 2014)

OPO v MLA & Anor [2014] EWHC 2468 (QB) (18 July 2014)

There is no cause of action in English law permitting a child to restrain a parent from publishing true autobiographical material about the parent's own life, even if it may cause emotional harm to the child. Article 8 ECHR does not create a private law claim in these circumstances, nor does the law of negligence or the tort in Wilkinson v Downton. The balancing exercise under Articles 8 and 10 ECHR, if engaged, would favour the father's right to freedom of expression. The application for an injunction is dismissed and the claim as a whole fails.

Citation
[2014] EWHC 2468
Parties
Claimant: OPO (A Child by BHM his litigation friend); First Defendant: MLA; Second Defendant: STL
Jurisdiction
England and Wales
Judgment Date
18 July 2014
Procedural Posture
Application for Injunction (civil Tort Claim) / Judgment After Hearing of Application for Interim Injunction
Outcome
Claim dismissed
Legal Topics
Misuse of Private Information, Negligence, Intentional Infliction of Harm (wilkinson V Downton), Freedom of Expression, Best Interests of the Child, Jurisdiction, Article 8 ECHR, Article 10 ECHR
Tort Law Family Law Human Rights Law Misuse of Private Information Negligence Intentional Infliction of Harm (wilkinson V Downton) Freedom of Expression Best Interests of the Child +3 more

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Parties

OPO (A Child by BHM his litigation friend)

Claimant

MLA

First Defendant

STL

Second Defendant

Procedural Posture

Application for Injunction (civil Tort Claim) / Judgment After Hearing of Application for Interim Injunction

Legal Issues

  1. 1 Whether a child can restrain a parent from publishing autobiographical material likely to cause emotional harm to the child
  2. 2 Whether English law provides a cause of action in tort (privacy, negligence, Wilkinson v Downton) in these circumstances
  3. 3 Whether Article 8 ECHR or best interests of the child create a private law cause of action against a parent or publisher

Ratio Decidendi

There is no cause of action in English law permitting a child to restrain a parent from publishing true autobiographical material about the parent's own life, even if it may cause emotional harm to the child. Article 8 ECHR does not create a private law claim in these circumstances, nor does the law of negligence or the tort in Wilkinson v Downton. The balancing exercise under Articles 8 and 10 ECHR, if engaged, would favour the father's right to freedom of expression. The application for an injunction is dismissed and the claim as a whole fails.

Court Disposition

Claim dismissed

Orders

  • Application for injunction dismissed
  • Claim as a whole dismissed