ERY v Associated Newspapers Ltd [2016] EWHC 2760 (QB) (04 November 2016)

ERY v Associated Newspapers Ltd [2016] EWHC 2760 (QB) (04 November 2016)

The claimant is entitled to an interim injunction restraining the defendant from publishing, communicating, or disclosing information that the claimant is being investigated by the police for alleged financial crime. The claimant has a reasonable expectation of privacy in this information, and the defendant's Article 10 rights do not outweigh the claimant's Article 8 rights in the circumstances. The injunction is to be framed without the word 'using' and subject to the defendant's right to apply for discharge or variation on 24 hours' notice.

Citation
[2016] EWHC 2760
Parties
Claimant: ERY; Defendant: Associated Newspapers Ltd
Jurisdiction
England and Wales
Judgment Date
04 November 2016
Procedural Posture
Interim Injunction Application / Application for Continuation of Interim Injunction
Outcome
Interim injunction continued with modifications
Legal Topics
Interim Injunctions, Misuse of Private Information, Freedom of Expression, Reasonable Expectation of Privacy, Article 8 ECHR, Article 10 ECHR, Quia Timet Injunctions
Privacy Law Media Law Human Rights Interim Injunctions Misuse of Private Information Freedom of Expression Reasonable Expectation of Privacy Article 8 ECHR +2 more

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Parties

ERY

Claimant

Associated Newspapers Ltd

Defendant

Procedural Posture

Interim Injunction Application / Application for Continuation of Interim Injunction

Legal Issues

  1. 1 Whether the claimant is entitled to an interim injunction restraining the defendant from publishing information about a police investigation into the claimant for alleged financial crime
  2. 2 Whether the claimant has a reasonable expectation of privacy in the information that he is being investigated by the police
  3. 3 Whether the defendant's Article 10 right to freedom of expression outweighs the claimant's Article 8 right to privacy

Ratio Decidendi

The claimant is entitled to an interim injunction restraining the defendant from publishing, communicating, or disclosing information that the claimant is being investigated by the police for alleged financial crime. The claimant has a reasonable expectation of privacy in this information, and the defendant's Article 10 rights do not outweigh the claimant's Article 8 rights in the circumstances. The injunction is to be framed without the word 'using' and subject to the defendant's right to apply for discharge or variation on 24 hours' notice.

Court Disposition

Interim injunction continued with modifications

Orders

  • The interim injunction restraining the defendant from publishing, communicating, or disclosing information that the claimant is being investigated by the police is continued, omitting the word 'using'.
  • The defendant may apply to discharge or vary the order on 24 hours' notice to the claimant or his solicitors.