ASG v GSA [2009] EWCA Civ 1574 (21 August 2009)

ASG v GSA [2009] EWCA Civ 1574 (21 August 2009)

Given the evidence of blackmail and the risk of irreparable harm, there is a sufficient likelihood of success at trial to justify a short-term ex parte injunction restraining the respondent from disclosing or publishing the claimant's private information, pending an inter partes hearing. The flexible approach to s.12(3) HRA is appropriate in these circumstances, and Article 8 rights are engaged despite the adulterous nature of the relationship.

Citation
[2009] EWCA Civ 1574
Parties
Appellant: ASG; Respondent: GSA
Jurisdiction
England and Wales
Judgment Date
21 August 2009
Procedural Posture
Appeal / Interlocutory Appeal From Refusal of Without Notice Injunction
Outcome
Appeal allowed; injunction granted for seven days pending inter partes hearing
Legal Topics
Interim Injunctions, Article 8 ECHR, Article 10 ECHR, Blackmail, Service Out of Jurisdiction
Privacy Law Human Rights Law Civil Procedure Interim Injunctions Article 8 ECHR Article 10 ECHR Blackmail Service Out of Jurisdiction

Case Brief

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Parties

ASG

Appellant

GSA

Respondent

Procedural Posture

Appeal / Interlocutory Appeal From Refusal of Without Notice Injunction

Legal Issues

  1. 1 Whether a without notice interim injunction restraining disclosure of private information should be granted
  2. 2 Whether the likelihood of success at trial under section 12(3) Human Rights Act 1998 is satisfied
  3. 3 Whether Article 8 and Article 10 ECHR rights are engaged and how they are balanced

Ratio Decidendi

Given the evidence of blackmail and the risk of irreparable harm, there is a sufficient likelihood of success at trial to justify a short-term ex parte injunction restraining the respondent from disclosing or publishing the claimant's private information, pending an inter partes hearing. The flexible approach to s.12(3) HRA is appropriate in these circumstances, and Article 8 rights are engaged despite the adulterous nature of the relationship.

Court Disposition

Appeal allowed; injunction granted for seven days pending inter partes hearing

Orders

  • Injunction restraining the respondent from disclosing or publishing the claimant's private information within the jurisdiction for seven days
  • Leave to serve proceedings out of the jurisdiction granted