CC v AB [2006] EWHC 3083 (QB) (04 December 2006)

CC v AB [2006] EWHC 3083 (QB) (04 December 2006)

There is no absolute bar to an adulterer obtaining an injunction to restrain publication by the wronged spouse; the court must balance the competing rights under Articles 8 and 10 ECHR, applying an intense focus to the facts. In this case, the Claimant and the other party to the relationship have a legitimate...

Source-derived case information.

Citation
[2006] EWHC 3083 (QB)
Parties
Claimant: CC; Defendant: AB
Jurisdiction
England and Wales
Judgment Date
04 December 2006
Procedural Posture
Civil (queen's Bench Division) / Interlocutory Application for Injunction
Outcome
Interlocutory injunction granted
Legal Topics
Breach of Confidence, Protection From Harassment, Article 8 ECHR (right to Privacy), Article 10 ECHR (freedom of Expression), Interim Injunctions, Balancing Competing Convention Rights
Privacy Law Media Law Human Rights Law Tort Law Breach of Confidence Protection From Harassment Article 8 ECHR (right to Privacy) Article 10 ECHR (freedom of Expression) +2 more

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Summary, issues, holding and outcome

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Parties

CC

Claimant

AB

Defendant

Procedural Posture

Civil (queen's Bench Division) / Interlocutory Application for Injunction

Legal Issues

  1. 1 Whether an adulterer can obtain an injunction restraining the 'wronged' spouse from disclosing the relationship to the media or public.
  2. 2 Whether there is a legitimate expectation of privacy in respect of an adulterous relationship.
  3. 3 How to balance Article 8 (privacy) and Article 10 (expression) rights in this context.

Ratio Decidendi

There is no absolute bar to an adulterer obtaining an injunction to restrain publication by the wronged spouse; the court must balance the competing rights under Articles 8 and 10 ECHR, applying an intense focus to the facts. In this case, the Claimant and the other party to the relationship have a legitimate expectation of privacy, and the Defendant's threatened disclosures to the media are not justified by any genuine public interest. The Defendant's conduct also amounts to harassment. Accordingly, an injunction restraining publication to the media and on the internet is necessary and proportionate.

Court Disposition

Interlocutory injunction granted

Orders

  • Defendant restrained from communicating, directly or indirectly, with the media or on the internet about the Claimant's former relationship with N.
  • Order under the Protection from Harassment Act 1997 granted.