SKA & Anor v CRH & Anor

SKA & Anor v CRH & Anor

The Claimants failed to demonstrate a reasonable expectation of privacy in respect of the bare facts of their relationship and paternity, and the balancing of Convention rights did not favour prohibiting disclosure to the First Claimant's family. Injunction granted only in respect of detailed private information, not the bare facts.

Parties
Claimant: SKA; Claimant: PLM; Defendant: CRH; Defendant: Persons Unknown who have threatened to reveal private information about the Claimants
Jurisdiction
England and Wales
Judgment Date
28 March 2012
Procedural Posture
Civil / Interim Application for Injunction
Outcome
Interim injunction granted in part; prohibition on disclosure of detailed private information, but not on the bare facts of relationship and paternity to the First Claimant's family.
Legal Topics
Injunctions, Harassment, Blackmail, Freedom of Expression, Right to Privacy, Balancing of Convention Rights
Privacy Law Human Rights Law Civil Procedure Injunctions Harassment Blackmail Freedom of Expression Right to Privacy +1 more

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Parties

SKA

Claimant

PLM

Claimant

CRH

Defendant

Persons Unknown who have threatened to reveal private information about the Claimants

Defendant

Procedural Posture

Civil / Interim Application for Injunction

Legal Issues

  1. 1 Whether the court should prohibit disclosure of private information to the Claimant's family, friends, and business associates
  2. 2 Whether the Claimants have a reasonable expectation of privacy in respect of the bare facts of their relationship and paternity
  3. 3 Whether an injunction is necessary and proportionate under the Human Rights Act 1998 and relevant case law

Ratio Decidendi

The Claimants failed to demonstrate a reasonable expectation of privacy in respect of the bare facts of their relationship and paternity, and the balancing of Convention rights did not favour prohibiting disclosure to the First Claimant's family. Injunction granted only in respect of detailed private information, not the bare facts.

Court Disposition

Interim injunction granted in part; prohibition on disclosure of detailed private information, but not on the bare facts of relationship and paternity to the First Claimant's family.

Orders

  • Non-disclosure injunction granted except as regards bare facts of relationship and paternity.
  • Anonymity orders continued for Claimants and First Defendant.