Spelman v Express Newspapers

Spelman v Express Newspapers

The court must ensure prompt progression to trial or settlement in privacy cases to minimize unnecessary interference with Article 10 rights of third parties, regardless of parties' preferences or cost-saving proposals.

Parties
Claimant: Jonathan Spelman; Defendant: Express Newspapers
Jurisdiction
England and Wales
Judgment Date
24 February 2012
Procedural Posture
Civil / Post Interim Injunction Application; Directions Hearing
Outcome
Extension of time for service of Particulars of Claim granted by consent; directions for further case management issued.
Legal Topics
Privacy Injunctions, Freedom of Expression, Case Management, Interim Non Disclosure Orders
Media Law Human Rights Law Civil Procedure Privacy Injunctions Freedom of Expression Case Management Interim Non Disclosure Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Jonathan Spelman

Claimant

Express Newspapers

Defendant

Procedural Posture

Civil / Post Interim Injunction Application; Directions Hearing

Legal Issues

  1. 1 Whether to grant an extension of time for service of Particulars of Claim after an interim privacy injunction
  2. 2 Balancing prompt case progression with costs and third-party rights under Article 10 ECHR

Ratio Decidendi

The court must ensure prompt progression to trial or settlement in privacy cases to minimize unnecessary interference with Article 10 rights of third parties, regardless of parties' preferences or cost-saving proposals.

Court Disposition

Extension of time for service of Particulars of Claim granted by consent; directions for further case management issued.

Orders

  • Claimant to serve Particulars of Claim by 4pm on 28 February 2012 (subsequently extended to 9 March by consent).
  • Defence to be served by 12 March 2012.