AM v News Group Newspapers Ltd & Ors [2012] EWHC 308 (QB) (23 February 2012)
The evidence established a strongly arguable case of harassment and intrusion into the applicant's private and family life by the media, justifying continuation of the interim injunction to restrain publication of identifying information and harassment, with the balance of rights favouring protection of the applicant under Article 8 ECHR and the Protection from Harassment Act 1997.
- Citation
- [2012] EWHC 308
- Parties
- Applicant: AM; Respondent: News Group Newspapers Ltd; Respondent: Persons Unknown
- Jurisdiction
- England and Wales
- Judgment Date
- 23 February 2012
- Procedural Posture
- Injunction Application (interim Non Disclosure and Anti Harassment) / Interim Hearing on Continuation of Injunction
- Outcome
- Interim injunction continued with amendments and permission to amend parties granted.
- Legal Topics
- Interim Injunctions, Non Disclosure Orders, Harassment, Protection of Private Life, Civil Procedure Rules
Case Brief
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Parties
AM
Applicant
News Group Newspapers Ltd
Respondent
Persons Unknown
Respondent
Procedural Posture
Injunction Application (interim Non Disclosure and Anti Harassment) / Interim Hearing on Continuation of Injunction
Legal Issues
- 1 Whether an interim injunction restraining publication of the applicant's identity and address and restraining harassment should be continued
- 2 Whether the order complies with the Civil Procedure Rules and Practice Guidance on Interim Non-Disclosure Orders
- 3 Whether the applicant's rights under Article 8 ECHR outweigh media rights under Article 10 ECHR
Ratio Decidendi
The evidence established a strongly arguable case of harassment and intrusion into the applicant's private and family life by the media, justifying continuation of the interim injunction to restrain publication of identifying information and harassment, with the balance of rights favouring protection of the applicant under Article 8 ECHR and the Protection from Harassment Act 1997.
Court Disposition
Interim injunction continued with amendments and permission to amend parties granted.
Orders
- Prohibition on publishing or broadcasting the applicant's name and address.
- Prohibition on publishing images likely to identify the applicant's address or showing occupiers/invitees at the address.
Full Case Text
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