Green Corns Ltd. v CLA Verley Group Ltd. & Anr [2005] EWHC 958 (QB) (18 May 2005)

Green Corns Ltd. v CLA Verley Group Ltd. & Anr [2005] EWHC 958 (QB) (18 May 2005)

The court held that the conjunction of information about the address of a children's home, the fact that a child is resident there, and the child's troubled history is highly sensitive and attracts protection under Article 8 ECHR. The applicant demonstrated a sufficiently favourable prospect of success at trial to justify interim restraint. The public interest in freedom of expression and the fact that some information was already in the public domain did not outweigh the risk of harm to vulnerable children. Accordingly, the interim injunction restraining publication of the addresses was continued.

Citation
[2005] EWHC 958 (QB)
Parties
Claimant: Green Corns Ltd; Defendant: Claverley Group Ltd; Defendant: Express and Star (Second Defendant)
Jurisdiction
England and Wales
Judgment Date
18 May 2005
Procedural Posture
Interim Injunction Application / Application for Interim Relief Prior to Trial
Outcome
Interim injunction granted
Legal Topics
Interim Injunctions, Freedom of Expression, Right to Privacy, Misuse of Private Information, Children's Rights, Public Interest Defence
Media Law Human Rights Law Privacy Law Child Law Interim Injunctions Freedom of Expression Right to Privacy Misuse of Private Information +2 more

Case Brief

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Parties

Green Corns Ltd

Claimant

Claverley Group Ltd

Defendant

Express and Star (Second Defendant)

Defendant

Procedural Posture

Interim Injunction Application / Application for Interim Relief Prior to Trial

Legal Issues

  1. 1 Whether an interim injunction should be granted to restrain publication of the addresses of children's homes operated by the claimant
  2. 2 Whether publication of such addresses constitutes misuse of private information or breach of confidence
  3. 3 Whether the rights of the children under Article 8 ECHR outweigh the newspaper's Article 10 ECHR rights to freedom of expression

Ratio Decidendi

The court held that the conjunction of information about the address of a children's home, the fact that a child is resident there, and the child's troubled history is highly sensitive and attracts protection under Article 8 ECHR. The applicant demonstrated a sufficiently favourable prospect of success at trial to justify interim restraint. The public interest in freedom of expression and the fact that some information was already in the public domain did not outweigh the risk of harm to vulnerable children. Accordingly, the interim injunction restraining publication of the addresses was continued.

Court Disposition

Interim injunction granted

Orders

  • Defendants are restrained from publishing the addresses or locations of any house owned, licensed, or being acquired by the claimant for occupation as a children's home, until trial or further order.