Thorne & Anor v Protheroe-Beynon [2026] EWHC 1042 (KB) (06 May 2026)
The defendant's conduct, including repeated threatening communications and public allegations of professional misconduct, is more likely than not to be found to amount to harassment under the Protection from Harassment Act 1997. The threshold test for interim injunctive relief under s12(3) Human Rights Act 1998 is satisfied. The balance of convenience and inadequacy of damages favour continuation of the injunction. The defendant's ECHR Article 10 rights do not outweigh the claimants' rights to be free from harassment. Statements made in inter partes correspondence are immune from suit unless wholly extraneous to proceedings. The injunction is proportionate and limited to prevent further...
- Citation
- [2026] EWHC 1042 (KB)
- Parties
- Claimant: Kayleigh Thorne; Claimant: Adele Nicola Rainsford; Defendant: David Protheroe-Beynon
- Jurisdiction
- England and Wales
- Judgment Date
- 06 May 2026
- Procedural Posture
- Interim Injunction Application (harassment) / Return Date Hearing; Extension of Interim Relief Pending Trial
- Outcome
- Interim injunction continued until trial or further order
- Legal Topics
- Harassment, Interim Injunctions, Freedom of Expression, Professional Misconduct, Reporting Restrictions
Case Brief
Summary, issues, holding and outcome
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Parties
Kayleigh Thorne
Claimant
Adele Nicola Rainsford
Claimant
David Protheroe-Beynon
Defendant
Procedural Posture
Interim Injunction Application (harassment) / Return Date Hearing; Extension of Interim Relief Pending Trial
Legal Issues
- 1 Whether the defendant's conduct amounts to harassment under the Protection from Harassment Act 1997
- 2 Whether interim injunctive relief should be continued pending trial
- 3 Whether the defendant's ECHR Article 10 rights outweigh the claimants' rights to be free from harassment
Ratio Decidendi
The defendant's conduct, including repeated threatening communications and public allegations of professional misconduct, is more likely than not to be found to amount to harassment under the Protection from Harassment Act 1997. The threshold test for interim injunctive relief under s12(3) Human Rights Act 1998 is satisfied. The balance of convenience and inadequacy of damages favour continuation of the injunction. The defendant's ECHR Article 10 rights do not outweigh the claimants' rights to be free from harassment. Statements made in inter partes correspondence are immune from suit unless wholly extraneous to proceedings. The injunction is proportionate and limited to prevent further...
Court Disposition
Interim injunction continued until trial or further order
Orders
- Defendant prohibited from contacting claimants directly or indirectly except via designated practice manager for Family Proceedings
- Defendant prohibited from publishing further allegations of professional misconduct or dishonesty about claimants via social media or other public channels
Full Case Text
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