Goldsmith& Anor v BCD [2011] EWHC 674 (QB) (22 March 2011)

Goldsmith& Anor v BCD [2011] EWHC 674 (QB) (22 March 2011)

Exceptional circumstances, including the defendant's mental health and desire to resolve the matter, justified dispensing with service of the claim forms despite the claimants' serious breach of undertakings. Continued anonymity for BCD was necessary to protect her Article 8 rights, and new injunctions were granted to restrain publication of confidential information.

Citation
[2011] EWHC 674
Parties
Claimant: Zac Goldsmith; Claimant: Sheherazade Goldsmith; Claimant: Jemima Khan; Defendant: BCD; Intervener: Associated Newspapers Ltd
Jurisdiction
England and Wales
Judgment Date
22 March 2011
Procedural Posture
Civil / Final Judgment Following Interim Injunctions and Applications to Vary Orders
Outcome
Final judgment by consent against BCD; 2008 Orders discharged; new injunctions granted; anonymity for BCD continued; no order for costs against BCD.
Legal Topics
Breach of Confidence, Anonymity Orders, Interim Injunctions, Service of Claim Forms, Open Justice, Human Rights Act 1998 S.12, CPR Part 6.16(1), CPR Part 7.5(1)
Privacy Law Civil Procedure Breach of Confidence Anonymity Orders Interim Injunctions Service of Claim Forms Open Justice Human Rights Act 1998 S.12 +2 more

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Parties

Zac Goldsmith

Claimant

Sheherazade Goldsmith

Claimant

Jemima Khan

Claimant

BCD

Defendant

Associated Newspapers Ltd

Intervener

Procedural Posture

Civil / Final Judgment Following Interim Injunctions and Applications to Vary Orders

Legal Issues

  1. 1 Whether the claimants' breach of undertakings to serve claim forms justified striking out the actions or discharging the injunctions
  2. 2 Whether exceptional circumstances justified dispensing with service of claim forms under CPR Part 6.16(1)
  3. 3 Whether continued anonymity for the defendant (BCD) was justified

Ratio Decidendi

Exceptional circumstances, including the defendant's mental health and desire to resolve the matter, justified dispensing with service of the claim forms despite the claimants' serious breach of undertakings. Continued anonymity for BCD was necessary to protect her Article 8 rights, and new injunctions were granted to restrain publication of confidential information.

Court Disposition

Final judgment by consent against BCD; 2008 Orders discharged; new injunctions granted; anonymity for BCD continued; no order for costs against BCD.

Orders

  • 2008 Orders discharged
  • New injunctions restraining publication of confidential information granted