SKA & Anor v CRH & Ors [2012] EWHC 2236 (QB) (31 July 2012)

SKA & Anor v CRH & Ors [2012] EWHC 2236 (QB) (31 July 2012)

The defendant was responsible for threats to disclose private information and harassment of the claimants. The information was private, not in the public domain, and no justification for disclosure was established. The claimants' Article 8 rights substantially outweighed the defendant's Article 10 rights. A permanent injunction was necessary to restrain further disclosure and harassment.

Citation
[2012] EWHC 2236
Parties
Claimant: SKA; Claimant: PLM; Defendant: CRH; Defendant: Persons Unknown
Jurisdiction
England and Wales
Judgment Date
31 July 2012
Procedural Posture
Civil / Trial Judgment
Outcome
Permanent injunction granted against the first defendant
Legal Topics
Misuse of Private Information, Permanent Injunction, Article 8 ECHR, Article 10 ECHR, Protection From Harassment Act 1997
Privacy Law Harassment Human Rights Misuse of Private Information Permanent Injunction Article 8 ECHR Article 10 ECHR Protection From Harassment Act 1997

Case Brief

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Parties

SKA

Claimant

PLM

Claimant

CRH

Defendant

Persons Unknown

Defendant

Procedural Posture

Civil / Trial Judgment

Legal Issues

  1. 1 Whether there has been a threat to disclose private information and harassment warranting a permanent injunction
  2. 2 Whether the defendant was responsible for the threats and harassment

Ratio Decidendi

The defendant was responsible for threats to disclose private information and harassment of the claimants. The information was private, not in the public domain, and no justification for disclosure was established. The claimants' Article 8 rights substantially outweighed the defendant's Article 10 rights. A permanent injunction was necessary to restrain further disclosure and harassment.

Court Disposition

Permanent injunction granted against the first defendant

Orders

  • The first defendant is restrained from disclosing private information concerning the claimants
  • The first defendant is restrained from harassing the claimants