ASG v GSA

ASG v GSA

The appeal was allowed and an ex parte injunction granted for seven days because the claimant's Article 8 rights were engaged, there was a sufficient likelihood of success at trial, and the blackmail element justified urgent interim relief pending an inter partes hearing.

Parties
Appellant: ASG; Respondent: GSA
Jurisdiction
England and Wales
Judgment Date
21 August 2009
Procedural Posture
Civil Appeal / 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 (right to Private Life), Article 10 ECHR (freedom of Expression), Blackmail, Service Out of Jurisdiction
Privacy Law Human Rights Law Civil Procedure Interim Injunctions Article 8 ECHR (right to Private Life) Article 10 ECHR (freedom of Expression) Blackmail Service Out of Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Parties

ASG

Appellant

GSA

Respondent

Procedural Posture

Civil Appeal / Appeal From Refusal of Without Notice Injunction

Legal Issues

  1. 1 Whether a without notice injunction restraining disclosure of private information should be granted
  2. 2 Whether the claimant's Article 8 rights are engaged despite adultery
  3. 3 Whether the blackmail element justifies a wider injunction

Ratio Decidendi

The appeal was allowed and an ex parte injunction granted for seven days because the claimant's Article 8 rights were engaged, there was a sufficient likelihood of success at trial, and the blackmail element justified urgent interim relief pending an inter partes hearing.

Court Disposition

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

Orders

  • Injunction restraining the respondent from disclosing or publishing the information within the jurisdiction for seven days.
  • Leave to serve out of the jurisdiction granted.