NPV v QEL & Anor [2018] EWHC 703 (QB) (28 March 2018)

NPV v QEL & Anor [2018] EWHC 703 (QB) (28 March 2018)

The claimant demonstrated a prima facie case of blackmail and is likely to succeed at trial in claims for misuse of private information and harassment. The court was satisfied that the requirements of s.12 Human Rights Act 1998 were met, including compelling reasons for a without notice hearing, and that the balance of competing rights favoured granting the interim injunction to restrain publication and harassment until the return date.

Citation
[2018] EWHC 703 (QB)
Parties
Claimant: NPV; First Defendant: QEL; Second Defendant: ZED (person unknown allegedly trying to blackmail the Claimant)
Jurisdiction
England and Wales
Judgment Date
28 March 2018
Procedural Posture
Interim Injunction Application / Interim Judgment on Without Notice Application
Outcome
Interim non-disclosure and harassment injunction granted
Legal Topics
Misuse of Private Information, Harassment, Blackmail, Interim Non Disclosure Orders, Anonymity Orders, Freedom of Expression
Media Law Privacy Law Tort Law Misuse of Private Information Harassment Blackmail Interim Non Disclosure Orders Anonymity Orders +1 more

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Parties

NPV

Claimant

QEL

First Defendant

ZED (person unknown allegedly trying to blackmail the Claimant)

Second Defendant

Procedural Posture

Interim Injunction Application / Interim Judgment on Without Notice Application

Legal Issues

  1. 1 Whether the claimant is entitled to an interim non-disclosure and harassment injunction against the defendants
  2. 2 Whether the claimant is likely to succeed at trial in claims for misuse of private information and harassment
  3. 3 Whether the application should be heard without notice and in private

Ratio Decidendi

The claimant demonstrated a prima facie case of blackmail and is likely to succeed at trial in claims for misuse of private information and harassment. The court was satisfied that the requirements of s.12 Human Rights Act 1998 were met, including compelling reasons for a without notice hearing, and that the balance of competing rights favoured granting the interim injunction to restrain publication and harassment until the return date.

Court Disposition

Interim non-disclosure and harassment injunction granted

Orders

  • Defendants restrained from publishing or communicating the private information pending further order
  • Defendants required to state whether they have disclosed communications between claimant and first defendant to third parties