UUU v BBB (Rev 1) [2019] EWHC 3190 (QB) (22 November 2019)

UUU v BBB (Rev 1) [2019] EWHC 3190 (QB) (22 November 2019)

The Defendant's threats to disclose damaging information to third parties unless paid a financial settlement constituted blackmail and harassment; truth of the allegations is immaterial; the Claimant is likely to succeed at trial; a bare undertaking from the Defendant is insufficient; continuation of the interim injunction is justified to prevent further harm pending final determination.

Citation
[2019] EWHC 3190
Parties
Claimant: UUU; Defendant: BBB
Jurisdiction
England and Wales
Judgment Date
22 November 2019
Procedural Posture
Interim Injunction Application Under Protection From Harassment Act 1997 / Return Date Hearing for Continuation of Interim Injunction Pending Final Hearing
Outcome
Interim injunction continued pending final hearing, with modification to remove paragraphs (h) and (i) of confidential schedule 2.
Legal Topics
Interim Injunctions, Harassment, Blackmail, Anonymity Orders, Without Prejudice Correspondence, Freedom of Expression, Privacy, Clean Hands Doctrine
Civil Procedure Media Law Tort Law Human Rights Interim Injunctions Harassment Blackmail Anonymity Orders +4 more

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Parties

UUU

Claimant

BBB

Defendant

Procedural Posture

Interim Injunction Application Under Protection From Harassment Act 1997 / Return Date Hearing for Continuation of Interim Injunction Pending Final Hearing

Legal Issues

  1. 1 Whether the Defendant's conduct amounted to blackmail and/or harassment justifying interim injunctive relief
  2. 2 Whether the interim injunction should be continued pending trial
  3. 3 Whether the Claimant failed to make full and frank disclosure

Ratio Decidendi

The Defendant's threats to disclose damaging information to third parties unless paid a financial settlement constituted blackmail and harassment; truth of the allegations is immaterial; the Claimant is likely to succeed at trial; a bare undertaking from the Defendant is insufficient; continuation of the interim injunction is justified to prevent further harm pending final determination.

Court Disposition

Interim injunction continued pending final hearing, with modification to remove paragraphs (h) and (i) of confidential schedule 2.

Orders

  • Interim injunction extended until final hearing or further order, subject to removal of paragraphs (h) and (i) from confidential schedule 2.
  • Anonymity and private hearing orders maintained.