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
Legal Issues
- 1 Whether the appellant had a reasonable expectation of privacy regarding his sexual relationship
- 2 Whether an interim injunction should be granted restraining publication by the respondent
- 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
Full Case Text
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