Greene v Associated Newspapers Ltd [2004] EWCA Civ 1462 (05 November 2004)

Greene v Associated Newspapers Ltd [2004] EWCA Civ 1462 (05 November 2004)

The rule in Bonnard v Perryman remains binding and is not displaced or weakened by section 12(3) of the Human Rights Act 1998. Interim injunctions restraining publication in defamation actions will only be granted where it is clear that no defence will succeed at trial. The balancing of Article 8 and Article 10 rights is properly conducted at trial, not at the interim stage. The claimant failed to meet the high threshold required for prior restraint.

Citation
[2004] EWCA Civ 1462
Parties
Claimant/appellant: Martha Greene; Defendant/respondent: Associated Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
05 November 2004
Procedural Posture
Appeal (civil) / Appeal From Refusal of Interim Injunction in Defamation Action
Outcome
Appeal dismissed
Legal Topics
Prior Restraint, Interim Injunctions, Freedom of Expression, Reputation, Section 12 Human Rights Act 1998, Article 8 ECHR, Article 10 ECHR
Media Law Defamation Human Rights Prior Restraint Interim Injunctions Freedom of Expression Reputation Section 12 Human Rights Act 1998 +2 more

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Parties

Martha Greene

Claimant/appellant

Associated Newspapers Limited

Defendant/respondent

Procedural Posture

Appeal (civil) / Appeal From Refusal of Interim Injunction in Defamation Action

Legal Issues

  1. 1 Whether the rule in Bonnard v Perryman remains good law post-Human Rights Act 1998 for prior restraint in defamation actions
  2. 2 Whether section 12(3) of the Human Rights Act 1998 alters the threshold for granting interim injunctions in libel cases
  3. 3 Whether the court should balance Article 8 and Article 10 rights at the interim stage in defamation cases

Ratio Decidendi

The rule in Bonnard v Perryman remains binding and is not displaced or weakened by section 12(3) of the Human Rights Act 1998. Interim injunctions restraining publication in defamation actions will only be granted where it is clear that no defence will succeed at trial. The balancing of Article 8 and Article 10 rights is properly conducted at trial, not at the interim stage. The claimant failed to meet the high threshold required for prior restraint.

Court Disposition

Appeal dismissed

Orders

  • Refusal of interim injunction against publication by The Mail on Sunday
  • Temporary injunction discharged