Spelman v Express Newspapers [2012] EWHC 392 (QB) (24 February 2012)

The court must ensure that privacy claims affecting Article 10 rights are progressed promptly, and cannot allow parties to extend time limits by consent without judicial scrutiny, as this would risk disproportionate interference with freedom of expression.

Citation: [2012] EWHC 392 (QB)
Parties: Claimant: Jonathan Spelman; Defendant: Express Newspapers
Jurisdiction: England and Wales
Judgment Date: 24 February 2012
Procedural Posture: Privacy Injunction Application / Post Interim Injunction, Directions Hearing
Outcome: Application for extension of time noted; directions for expedited case management given.
Legal Topics: Non Disclosure Orders, Freedom of Expression, Article 10 ECHR, Active Case Management, Interim Injunctions

Media Law Privacy Law Human Rights Non Disclosure Orders Freedom of Expression Article 10 ECHR Active Case Management Interim Injunctions

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 1

Parties

Jonathan Spelman

Claimant

Express Newspapers

Defendant

Procedural Posture

Privacy Injunction Application / Post Interim Injunction, Directions Hearing

Legal Issues

1 Whether to grant an extension of time for service of Particulars of Claim in a privacy injunction case
2 How to balance the prompt progression of privacy claims with the rights under Article 10 ECHR

Ratio Decidendi

Court Disposition

Application for extension of time noted; directions for expedited case management given.

Orders

Claimant to serve Particulars of Claim by 4pm on 28 February 2012 (noting Master had granted extension to 9 March 2012 by consent)
Defence to be served by 12 March 2012