Kayleigh Thorne & Anor v David Protheroe-Beynon
The threshold for an interim injunction under s12(3) HRA 1998 is met. The Defendant's conduct, including repeated threatening and offensive communications and public allegations, is more likely than not to be found at trial to amount to harassment and not reasonable. The balance of convenience and inadequacy of damages favour continuation of the injunction. The Defendant's Article 10 rights are not disproportionately infringed as the publications are not journalistic in nature and lack evidential basis. The injunction is proportionate and necessary to protect the Claimants from further harassment.
- Parties
- Claimant: Kayleigh Thorne; Claimant: Adele Nicola Rainsford; Defendant: David Protheroe-Beynon
- Jurisdiction
- England and Wales
- Judgment Date
- 06 May 2026
- Procedural Posture
- Civil Harassment (interim Injunction) / Interim Application (return Date) Extension of Interim Injunction Pending Trial
- Outcome
- Interim injunction continued until trial or further order
- Legal Topics
- Interim Injunctions, Protection From Harassment Act 1997, Freedom of Expression (echr Art 10), Family Proceedings Confidentiality, Civil Restraint Orders
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
Civil Harassment (interim Injunction) / Interim Application (return Date) Extension of Interim Injunction Pending Trial
Legal Issues
- 1 Whether the threshold for an interim injunction restraining harassment is met under s12(3) Human Rights Act 1998 and the Protection from Harassment Act 1997
- 2 Whether the Defendant's conduct amounts to harassment and is likely to continue if not restrained
- 3 Whether the Defendant's freedom of expression under ECHR Art 10 outweighs the Claimants' rights to be free from harassment
Ratio Decidendi
The threshold for an interim injunction under s12(3) HRA 1998 is met. The Defendant's conduct, including repeated threatening and offensive communications and public allegations, is more likely than not to be found at trial to amount to harassment and not reasonable. The balance of convenience and inadequacy of damages favour continuation of the injunction. The Defendant's Article 10 rights are not disproportionately infringed as the publications are not journalistic in nature and lack evidential basis. The injunction is proportionate and necessary to protect the Claimants from further harassment.
Court Disposition
Interim injunction continued until trial or further order
Orders
- Defendant restrained from harassing, threatening, or publishing further allegations of dishonesty or professional misconduct against the Claimants, directly or indirectly, including via social media, pending trial or further order
- Defendant prohibited from direct or indirect communication with the First Claimant except through a designated point of contact for legitimate Family Proceedings communications
Full Case Text
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