Kazi Anis Ahmed & Ors v Ahsan Akbar

Kazi Anis Ahmed & Ors v Ahsan Akbar

The claimants established a real risk of further publication of private and confidential information by the defendant, who had threatened disclosure, sent parcels with the intent to intimidate, and was linked to a website publishing sensitive material. The defendant's lack of credibility and previous lies to the court reinforced the risk. The information at issue attracted a reasonable expectation of privacy and was confidential. The legal tests for interim injunctive relief were satisfied, and the balance of convenience favoured the claimants.

Parties
Claimant: Kazi Anis Ahmed; Claimant: Kazi Inam Ahmed; Claimant: Kazi Nabil Ahmed; Defendant: Ahsan Akbar
Jurisdiction
England and Wales
Judgment Date
25 September 2024
Procedural Posture
Civil / Interim Application for Injunctive Relief; Rehearing Before Judgment Perfected
Outcome
Interim injunctive relief granted in favour of the claimants; defendant's post-hearing applications refused.
Legal Topics
Injunctive Relief, Misuse of Private Information, Breach of Confidence, Quia Timet Injunctions, Credibility of Witnesses
Media and Communications Law Privacy Law Civil Procedure Injunctive Relief Misuse of Private Information Breach of Confidence Quia Timet Injunctions Credibility of Witnesses

Case Brief

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Parties

Kazi Anis Ahmed

Claimant

Kazi Inam Ahmed

Claimant

Kazi Nabil Ahmed

Claimant

Ahsan Akbar

Defendant

Procedural Posture

Civil / Interim Application for Injunctive Relief; Rehearing Before Judgment Perfected

Legal Issues

  1. 1 Whether the claimants are entitled to interim injunctive relief restraining the defendant from publishing or disclosing private and/or confidential information
  2. 2 Whether there is a real risk of further publication by the defendant justifying quia timet relief
  3. 3 Whether the information at issue attracts a reasonable expectation of privacy or is confidential

Ratio Decidendi

The claimants established a real risk of further publication of private and confidential information by the defendant, who had threatened disclosure, sent parcels with the intent to intimidate, and was linked to a website publishing sensitive material. The defendant's lack of credibility and previous lies to the court reinforced the risk. The information at issue attracted a reasonable expectation of privacy and was confidential. The legal tests for interim injunctive relief were satisfied, and the balance of convenience favoured the claimants.

Court Disposition

Interim injunctive relief granted in favour of the claimants; defendant's post-hearing applications refused.

Orders

  • Continuation of the without notice injunction restraining the defendant from publishing or disclosing the claimants' private and confidential information.
  • Refusal of the defendant's applications to revisit or set aside the judgment.