Spelman v Express Newspapers [2012] EWHC 355 (QB) (24 February 2012)

Spelman v Express Newspapers [2012] EWHC 355 (QB) (24 February 2012)

The claimant, as a 17-year-old elite sportsman, does not have a reasonable expectation of privacy in relation to the information sought to be restrained, given his public sporting profile, the nature of the information, and prior disclosures. The public interest in reporting on issues affecting young elite athletes outweighs the claimant's privacy rights in this context. The claimant is unlikely to establish at trial that publication should not be allowed. The interim injunction is therefore discharged.

Citation
[2012] EWHC 355 (QB)
Parties
Claimant: Jonathan Spelman; Defendant: Express Newspapers
Jurisdiction
England and Wales
Judgment Date
24 February 2012
Procedural Posture
Interim Injunction Application (privacy) / Return Date Hearing Following Grant of Interim Non Disclosure Order
Outcome
Interim injunction discharged; application for continued restraint refused.
Legal Topics
Interim Injunctions, Reasonable Expectation of Privacy, Freedom of Expression, Children and Privacy, Public Interest Defence
Media Law Privacy Law Human Rights Interim Injunctions Reasonable Expectation of Privacy Freedom of Expression Children and Privacy Public Interest Defence

Case Brief

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Parties

Jonathan Spelman

Claimant

Express Newspapers

Defendant

Procedural Posture

Interim Injunction Application (privacy) / Return Date Hearing Following Grant of Interim Non Disclosure Order

Legal Issues

  1. 1 Whether the claimant, a minor and elite sportsman, has a reasonable expectation of privacy in relation to information concerning his health and circumstances following a rugby injury
  2. 2 Whether publication of the information by the defendant newspaper would be justified in the public interest under Article 10 ECHR
  3. 3 Whether the balance of rights under Articles 8 and 10 ECHR favours the grant or discharge of an interim injunction restraining publication

Ratio Decidendi

The claimant, as a 17-year-old elite sportsman, does not have a reasonable expectation of privacy in relation to the information sought to be restrained, given his public sporting profile, the nature of the information, and prior disclosures. The public interest in reporting on issues affecting young elite athletes outweighs the claimant's privacy rights in this context. The claimant is unlikely to establish at trial that publication should not be allowed. The interim injunction is therefore discharged.

Court Disposition

Interim injunction discharged; application for continued restraint refused.

Orders

  • The interim non-disclosure order is discharged.
  • No continued injunction against publication is granted.