E v Channel Four & Anor
The Official Solicitor failed to satisfy the court that it is likely E lacks capacity to consent to the broadcast or that it is likely not in E's best interests for the film to be broadcast; therefore, the application for interim injunction is dismissed.
- Parties
- Claimant: E (by her litigation friend the Official Solicitor); Defendant: Channel Four; Defendant: News International Limited; Interested Party: St Helens Borough Council
- Jurisdiction
- England and Wales
- Judgment Date
- 01 June 2005
- Procedural Posture
- Civil / Interim Injunction Application
- Outcome
- Application for interim injunction dismissed.
- Legal Topics
- Privacy, Freedom of Expression, Capacity, Best Interests, Reporting Restrictions, Inherent Jurisdiction
Case Brief
Summary, issues, holding and outcome
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Parties
E (by her litigation friend the Official Solicitor)
Claimant
Channel Four
Defendant
News International Limited
Defendant
St Helens Borough Council
Interested Party
Procedural Posture
Civil / Interim Injunction Application
Legal Issues
- 1 Whether E has capacity to consent to broadcast of film
- 2 Whether broadcast is in E's best interests
- 3 Balancing Article 8 (privacy) and Article 10 (freedom of expression) rights
Ratio Decidendi
The Official Solicitor failed to satisfy the court that it is likely E lacks capacity to consent to the broadcast or that it is likely not in E's best interests for the film to be broadcast; therefore, the application for interim injunction is dismissed.
Court Disposition
Application for interim injunction dismissed.
Orders
- No injunction granted restraining broadcast or publication.
- Permission to appeal refused.
Full Case Text
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