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

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

The claimant, despite being a minor, is an elite sportsman with a public profile. The information at issue relates to his sporting life and health, which are matters of public interest and debate. The claimant has previously disclosed relevant information to a significant section of the public, reducing his reasonable expectation of privacy. The public interest in the discussion of pressures on young elite athletes and the claimant's role as a public figure in sport outweigh his Article 8 rights in this context. The claimant is not likely to establish at trial that publication should not be allowed. The interim injunction is therefore discharged.

Citation
[2012] EWHC 355
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 Interim Non Disclosure Order
Outcome
Interim injunction discharged
Legal Topics
Interim Injunctions, Reasonable Expectation of Privacy, Freedom of Expression, Children and Privacy, Public Interest Defence, Article 8 ECHR, Article 10 ECHR
Privacy Law Media Law Human Rights Interim Injunctions Reasonable Expectation of Privacy Freedom of Expression Children and Privacy Public Interest Defence +2 more

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Parties

Jonathan Spelman

Claimant

Express Newspapers

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the claimant, a minor and elite sportsman, has a reasonable expectation of privacy in respect of information relating to 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 interim injunction restraining publication should be continued or discharged

Ratio Decidendi

The claimant, despite being a minor, is an elite sportsman with a public profile. The information at issue relates to his sporting life and health, which are matters of public interest and debate. The claimant has previously disclosed relevant information to a significant section of the public, reducing his reasonable expectation of privacy. The public interest in the discussion of pressures on young elite athletes and the claimant's role as a public figure in sport outweigh his Article 8 rights in this context. The claimant is not likely to establish at trial that publication should not be allowed. The interim injunction is therefore discharged.

Court Disposition

Interim injunction discharged

Orders

  • The interim injunction restraining publication is discharged.
  • Closed judgment to remain confidential unless no appeal is brought or the Court of Appeal orders otherwise.