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 BCD's mental health and consent to judgment, justified dispensing with service of claim forms; continued injunction was necessary to protect claimants from risk of further disclosure; anonymity for BCD was necessary to protect her Article 8 rights and health; breaches of undertakings by claimants were serious but did not warrant striking out the actions.

Citation
[2011] EWHC 674 (QB)
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 maintained; service of claim forms dispensed with due to exceptional circumstances.
Legal Topics
Breach of Confidence, Interim Injunctions, Anonymity Orders, Dispensing With Service of Claim Form, Open Justice, Human Rights Act 1998 S.12, CPR Compliance
Privacy Law Civil Procedure Breach of Confidence Interim Injunctions Anonymity Orders Dispensing With Service of Claim Form Open Justice Human Rights Act 1998 S.12 +1 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 to continue or discharge injunctions restraining publication of confidential information
  2. 2 Whether to dispense with service of claim forms due to exceptional circumstances
  3. 3 Whether to maintain anonymity of the defendant (BCD)

Ratio Decidendi

Exceptional circumstances, including BCD's mental health and consent to judgment, justified dispensing with service of claim forms; continued injunction was necessary to protect claimants from risk of further disclosure; anonymity for BCD was necessary to protect her Article 8 rights and health; breaches of undertakings by claimants were serious but did not warrant striking out the actions.

Court Disposition

Final judgment by consent against BCD; 2008 Orders discharged; new injunctions granted; anonymity for BCD maintained; service of claim forms dispensed with due to exceptional circumstances.

Orders

  • 2008 Orders discharged
  • New injunctions prohibiting disclosure of confidential information granted