Greene v Associated Newspapers Ltd

Greene v Associated Newspapers Ltd

The rule in Bonnard v Perryman remains good law and is not displaced or weakened by the Human Rights Act 1998 or section 12(3) thereof. Accordingly, a prior restraint (interim injunction) in defamation will only be granted where it is clear that no defence will succeed at trial. The balancing of Article 8 and Article 10 rights does not require a different approach at the interim stage in defamation cases. The claimant failed to meet the high threshold required for prior restraint.

Parties
Claimant/appellant: Martha Greene; Defendant/respondent: Associated Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
05 November 2004
Procedural Posture
Civil Appeal (defamation, Application for Interim Injunction) / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Prior Restraint, Interim Injunctions, Freedom of Expression, Protection of Reputation, Section 12 Human Rights Act 1998, Article 8 ECHR, Article 10 ECHR, Bonnard V Perryman Rule
Defamation Media Law Human Rights Prior Restraint Interim Injunctions Freedom of Expression Protection of Reputation Section 12 Human Rights Act 1998 +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 24 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Martha Greene

Claimant/appellant

Associated Newspapers Limited

Defendant/respondent

Procedural Posture

Civil Appeal (defamation, Application for Interim Injunction) / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the rule in Bonnard v Perryman remains applicable post-Human Rights Act 1998 in applications for interim injunctions in defamation cases
  2. 2 Whether section 12(3) of the Human Rights Act 1998 alters the threshold for granting prior restraint in defamation actions
  3. 3 How to balance Article 8 (right to reputation/private life) and Article 10 (freedom of expression) ECHR in the context of prior restraint

Ratio Decidendi

The rule in Bonnard v Perryman remains good law and is not displaced or weakened by the Human Rights Act 1998 or section 12(3) thereof. Accordingly, a prior restraint (interim injunction) in defamation will only be granted where it is clear that no defence will succeed at trial. The balancing of Article 8 and Article 10 rights does not require a different approach at the interim stage in defamation cases. The claimant failed to meet the high threshold required for prior restraint.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the claimant is not entitled to an interim injunction restraining publication by The Mail on Sunday.