A v B & Ors

A v B & Ors

The claimant failed to establish a reasonable and continuing expectation of privacy in respect of the information the defendants proposed to publish, given his own prior disclosures and the nature of the material. The injunction sought was overly broad, vague, and unlikely to be effective or proportionate. None of the criteria for interim relief were fulfilled.

Parties
Claimant: A; First Defendant: B; Second Defendant: C; Third Defendant: D
Jurisdiction
England and Wales
Judgment Date
13 July 2005
Procedural Posture
Injunction Application / Interlocutory Hearing
Outcome
application refused
Legal Topics
Confidential Information, Reasonable Expectation of Privacy, Public Domain, Freedom of Expression, Article 8 ECHR, Article 10 ECHR, Injunctive Relief
Privacy Media Law Human Rights Confidential Information Reasonable Expectation of Privacy Public Domain Freedom of Expression Article 8 ECHR +2 more

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Parties

A

Claimant

B

First Defendant

C

Second Defendant

D

Third Defendant

Procedural Posture

Injunction Application / Interlocutory Hearing

Legal Issues

  1. 1 Whether the claimant has a reasonable expectation of privacy in respect of information proposed for publication
  2. 2 Whether the claimant's own prior disclosures affect his entitlement to privacy protection
  3. 3 Whether an injunction is justified and proportionate under Article 8 and Article 10 ECHR

Ratio Decidendi

The claimant failed to establish a reasonable and continuing expectation of privacy in respect of the information the defendants proposed to publish, given his own prior disclosures and the nature of the material. The injunction sought was overly broad, vague, and unlikely to be effective or proportionate. None of the criteria for interim relief were fulfilled.

Court Disposition

application refused