Middleton & Anor v Person Or Persons Unknown

Middleton & Anor v Person Or Persons Unknown

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 the First Claimant’s iCloud account, constituting a misuse of private information and a serious intrusion into private life. The balance of rights under Articles 8 and 10 ECHR strongly favours the Claimants at this stage.

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
Civil / Interim Injunction Application (return Date)
Outcome
Interim injunction continued and broadened; time for service of Claim Form extended
Legal Topics
Misuse of Private Information, Breach of Confidence, Copyright Infringement, Breach of Statutory Obligations Under Data Protection Act 1998, Interim Injunctions, Human Rights Act 1998 S.12
Privacy Media Law Data Protection Misuse of Private Information Breach of Confidence Copyright Infringement Breach of Statutory Obligations Under Data Protection Act 1998 Interim Injunctions +1 more

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Parties

Pippa Middleton

Claimant

James Matthews

Claimant

Person Unknown or Persons Unknown

Defendant(s)

Procedural Posture

Civil / Interim Injunction Application (return Date)

Legal Issues

  1. 1 Whether an interim injunction should be continued and broadened to prevent use, publication, or disclosure of information derived from the First Claimant’s iCloud account
  2. 2 Whether the application can properly be made against persons unknown
  3. 3 Whether the statutory criteria under s.12 Human Rights Act 1998 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 the First Claimant’s iCloud account, constituting a misuse of private information and a serious intrusion into private life. The balance of rights under Articles 8 and 10 ECHR strongly favours the Claimants at this stage.

Court Disposition

Interim injunction continued and broadened; time for service of Claim Form extended

Orders

  • The Defendant(s) must not use, publish, offer for sale or disclose to any other person all or any part of the information referred to in Schedule 1 to the Order, being photographs or any other information derived from or suspected to derive from the First Claimant’s iCloud account, until trial or further order.
  • Time for service of the Claim Form extended to 28 October 2016.