ETK v News Group Newspapers Ltd. [2011] EWCA Civ 439 (19 April 2011)

ETK v News Group Newspapers Ltd. [2011] EWCA Civ 439 (19 April 2011)

The appellant and associated parties had a reasonable expectation of privacy regarding the affair and related employment matters. The harm to the appellant's family, especially the children, from publication outweighed any public interest in disclosure. The information did not contribute to a debate of general interest, and the balance of rights under Articles 8 and 10 ECHR favoured granting an injunction.

Citation
[2011] EWCA Civ 439
Parties
Appellant: ETK; Respondent: News Group Newspapers Ltd
Jurisdiction
England and Wales
Judgment Date
19 April 2011
Procedural Posture
Appeal From Queen's Bench Division (interim Injunction) / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Interim Injunctions, Article 8 ECHR (right to Private and Family Life), Article 10 ECHR (freedom of Expression), Balancing Exercise Between Privacy and Freedom of Expression, Children's Rights, Public Interest Defence
Privacy Law Media Law Human Rights Interim Injunctions Article 8 ECHR (right to Private and Family Life) Article 10 ECHR (freedom of Expression) Balancing Exercise Between Privacy and Freedom of Expression Children's Rights +1 more

Case Brief

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Parties

ETK

Appellant

News Group Newspapers Ltd

Respondent

Procedural Posture

Appeal From Queen's Bench Division (interim Injunction) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the appellant had a reasonable expectation of privacy regarding the sexual relationship and related employment matters
  2. 2 Whether the balance between Article 8 and Article 10 ECHR justified granting an injunction
  3. 3 Whether the interests of the appellant's children and family tipped the balance in favour of privacy

Ratio Decidendi

The appellant and associated parties had a reasonable expectation of privacy regarding the affair and related employment matters. The harm to the appellant's family, especially the children, from publication outweighed any public interest in disclosure. The information did not contribute to a debate of general interest, and the balance of rights under Articles 8 and 10 ECHR favoured granting an injunction.

Court Disposition

Appeal allowed

Orders

  • Interlocutory injunction granted restraining publication of the private information in the terms sought by the appellant