ETK v News Group Newspapers Ltd.

ETK v News Group Newspapers Ltd.

The appellant and those affected had a reasonable expectation of privacy; the harm to the appellant's family, especially his children, outweighed any public interest in publication; the information did not contribute to a debate of general interest; thus, an injunction should be granted.

Parties
Appellant: ETK; Respondent: News Group Newspapers Ltd
Jurisdiction
England and Wales
Judgment Date
19 April 2011
Procedural Posture
Civil Appeal / Appeal From Refusal of Interim Injunction
Outcome
Appeal allowed
Legal Topics
Interim Injunctions, Reasonable Expectation of Privacy, Balancing Article 8 and Article 10 ECHR, Children's Rights in Privacy Cases

Case Brief

Summary, issues, holding and outcome

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Parties

ETK

Appellant

News Group Newspapers Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From Refusal of Interim Injunction

  1. 1 Whether the appellant had a reasonable expectation of privacy regarding his sexual relationship
  2. 2 Whether an interim injunction should be granted restraining publication by the respondent
  3. 3 How to balance Article 8 (right to private and family life) and Article 10 (freedom of expression)

Ratio Decidendi

The appellant and those affected had a reasonable expectation of privacy; the harm to the appellant's family, especially his children, outweighed any public interest in publication; the information did not contribute to a debate of general interest; thus, an injunction should be granted.

Court Disposition

Appeal allowed

Orders

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