SKA & Anor v CRH & Ors
The court found that the defendant was responsible for the threats to disclose private information and for harassment. The information was private, not in the public domain, and there was no justification for disclosure under Article 10. The defendant's conduct fell within the Protection from Harassment Act 1997. A permanent injunction was necessary to prevent further misuse of private information and harassment.
- Parties
- Claimant: SKA; Claimant: PLM; Defendant: CRH; Defendant: Persons Unknown
- Jurisdiction
- England and Wales
- Judgment Date
- 31 July 2012
- Procedural Posture
- Civil / Judgment After Trial
- Outcome
- Permanent injunction granted against the first defendant.
- Legal Topics
- Misuse of Private Information, Harassment, Injunctions, Article 8 ECHR, Article 10 ECHR, Protection From Harassment Act 1997
Case Brief
Summary, issues, holding and outcome
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Parties
SKA
Claimant
PLM
Claimant
CRH
Defendant
Persons Unknown
Defendant
Procedural Posture
Civil / Judgment After Trial
Legal Issues
- 1 Whether there has been a threat to disclose private information and harassment justifying a permanent injunction
- 2 Whether the defendant was responsible for the threats and harassment
Ratio Decidendi
The court found that the defendant was responsible for the threats to disclose private information and for harassment. The information was private, not in the public domain, and there was no justification for disclosure under Article 10. The defendant's conduct fell within the Protection from Harassment Act 1997. A permanent injunction was necessary to prevent further misuse of private information and harassment.
Court Disposition
Permanent injunction granted against the first defendant.
Orders
- The first defendant is permanently restrained from disclosing the private information and from further harassment of the claimants.
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