DFT v TFD

DFT v TFD

The applicant is likely to establish at trial that the information is private and confidential, and that publication should not be allowed. The continuation of the injunction is justified to protect the applicant's Article 8 rights, prevent blackmail, and avoid jigsaw identification, with anonymity maintained but the prohibition on reporting the existence of the order lifted, subject to clear delineation of permissible information.

Parties
Applicant: DFT; Respondent: TFD
Jurisdiction
England and Wales
Judgment Date
27 September 2010
Procedural Posture
Civil (privacy/confidentiality Injunction) / Return Date Hearing for Continuation of Interim Injunction
Outcome
Interim injunction continued until trial or further order, with anonymity maintained and limited reporting permitted as delineated in the judgment.
Legal Topics
Interim Injunctions, Blackmail, Open Justice, Reporting Restrictions, Article 8 ECHR, Article 10 ECHR
Privacy Law Civil Procedure Human Rights Interim Injunctions Blackmail Open Justice Reporting Restrictions Article 8 ECHR +1 more

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Parties

DFT

Applicant

TFD

Respondent

Procedural Posture

Civil (privacy/confidentiality Injunction) / Return Date Hearing for Continuation of Interim Injunction

Legal Issues

  1. 1 Whether the applicant is likely to establish at trial that publication of private and confidential information should not be allowed
  2. 2 Whether the continuation of the interim injunction is justified under section 12(3) of the Human Rights Act 1998
  3. 3 Whether derogations from open justice and reporting restrictions are necessary

Ratio Decidendi

The applicant is likely to establish at trial that the information is private and confidential, and that publication should not be allowed. The continuation of the injunction is justified to protect the applicant's Article 8 rights, prevent blackmail, and avoid jigsaw identification, with anonymity maintained but the prohibition on reporting the existence of the order lifted, subject to clear delineation of permissible information.

Court Disposition

Interim injunction continued until trial or further order, with anonymity maintained and limited reporting permitted as delineated in the judgment.

Orders

  • Continuation of the interim injunction restraining publication of private and confidential information until trial or further order.
  • Anonymity of the parties to be maintained.