Middleton & Anor v Person Or Persons Unknown [2016] EWHC 2354 (QB) (28 September 2016)

Middleton & Anor v Person Or Persons Unknown [2016] EWHC 2354 (QB) (28 September 2016)

The claimants are likely to establish at trial that publication of the information should not be allowed, as the material was obtained by unlawful access to a private account, constitutes a serious intrusion into private life, and there is no genuine public interest in publication. The statutory criteria for granting an interim injunction under section 12 of the Human Rights Act 1998 are satisfied.

Citation
[2016] EWHC 2354
Parties
Claimant: Pippa Middleton; Claimant: James Matthews; Defendant(s): Person Unknown or Persons Unknown
Jurisdiction
England and Wales
Judgment Date
28 September 2016
Procedural Posture
Interim Injunction Application / Continuation and Variation of Interim Injunction Pending Trial
Outcome
Application granted
Legal Topics
Misuse of Private Information, Breach of Confidence, Copyright Infringement, Data Protection Act 1998, Interim Injunctions, Human Rights Act 1998, Article 8 ECHR, Article 10 ECHR
Privacy Law Media Law Intellectual Property Law Data Protection Misuse of Private Information Breach of Confidence Copyright Infringement Data Protection Act 1998 +4 more

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Parties

Pippa Middleton

Claimant

James Matthews

Claimant

Person Unknown or Persons Unknown

Defendant(s)

Procedural Posture

Interim Injunction Application / Continuation and Variation of Interim Injunction Pending Trial

Legal Issues

  1. 1 Whether to continue and broaden an interim injunction restraining use, publication, or disclosure of information derived from the claimant's iCloud account
  2. 2 Whether the statutory criteria under section 12 of the Human Rights Act 1998 for granting an injunction are met

Ratio Decidendi

The claimants are likely to establish at trial that publication of the information should not be allowed, as the material was obtained by unlawful access to a private account, constitutes a serious intrusion into private life, and there is no genuine public interest in publication. The statutory criteria for granting an interim injunction under section 12 of the Human Rights Act 1998 are satisfied.

Court Disposition

Application granted

Orders

  • Continuation and broadening of interim injunction restraining use, publication, offer for sale, or disclosure of any information derived from the First Claimant's iCloud account until trial or further order
  • Extension of time for service of the Claim Form to 28 October 2016