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 personal information to third parties unless paid a substantial sum or given a shareholding constitute blackmail and harassment; truth is not a defence; the threats are unwarranted menaces; the Claimant is likely to succeed at trial; a bare undertaking is insufficient; continuation of the interim injunction is necessary to prevent further harm pending final determination.

Citation
[2019] EWHC 3190 (QB)
Parties
Claimant: UUU; Defendant: BBB
Jurisdiction
England and Wales
Judgment Date
22 November 2019
Procedural Posture
Interim Injunction Application Under the 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, Privacy, Freedom of Expression, Without Prejudice Correspondence
Civil Procedure Media Law Tort Law Human Rights Interim Injunctions Harassment Blackmail Privacy +2 more

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Parties

UUU

Claimant

BBB

Defendant

Procedural Posture

Interim Injunction Application Under the 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 amounts to blackmail and/or harassment under the Protection from Harassment Act 1997 and the Theft Act 1968
  2. 2 Whether an interim injunction restraining threatened disclosure should be continued pending trial
  3. 3 Whether the Defendant's undertakings are sufficient to protect the Claimant's rights

Ratio Decidendi

The Defendant's threats to disclose damaging personal information to third parties unless paid a substantial sum or given a shareholding constitute blackmail and harassment; truth is not a defence; the threats are unwarranted menaces; the Claimant is likely to succeed at trial; a bare undertaking is insufficient; continuation of the interim injunction is necessary 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 restraining the Defendant from disclosing specified information continued until final hearing or further order, subject to removal of paragraphs (h) and (i) from confidential schedule 2.