Power Places Tours Inc & Ors v Free Spirit & Anor [2015] EWHC 3886 (QB) (10 December 2015)

Power Places Tours Inc & Ors v Free Spirit & Anor [2015] EWHC 3886 (QB) (10 December 2015)

Interim injunctive relief is granted to enforce the Tomlin order and restrain further harassment, as the defendant has breached a recent settlement agreement and continued a course of conduct likely to be found unlawful at trial. The claimants' contractual and statutory rights outweigh any prejudice to the defendant, who has offered no substantive defence and whose conduct is motivated by unwarranted demands. The balance of justice and the requirements of s.12 Human Rights Act are satisfied.

Citation
[2015] EWHC 3886
Parties
Claimant: Power Places Tours Inc.; Claimant: Theresa Weiss; Claimant: Toby Weiss; Defendant: Free Spirit; Defendant: Alexandra Dittmann
Jurisdiction
England and Wales
Judgment Date
10 December 2015
Procedural Posture
Civil Defamation and Harassment / Interim Relief Applications in Two Related Actions
Outcome
Interim injunctive relief granted in both actions; costs awarded against first defendant.
Legal Topics
Interim Injunctions, Tomlin Orders, Settlement Enforcement, Article 10 ECHR, Protection From Harassment Act, Jurisdiction and Choice of Law
Civil Procedure Defamation Harassment Contract Law Human Rights Interim Injunctions Tomlin Orders Settlement Enforcement +3 more

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Parties

Power Places Tours Inc.

Claimant

Theresa Weiss

Claimant

Toby Weiss

Claimant

Free Spirit

Defendant

Alexandra Dittmann

Defendant

Procedural Posture

Civil Defamation and Harassment / Interim Relief Applications in Two Related Actions

Legal Issues

  1. 1 Whether interim injunctive relief should be granted to enforce a Tomlin order settlement in a defamation and harassment claim
  2. 2 Whether interim injunctive relief should be granted to restrain harassment by direct communication
  3. 3 Whether English law applies to harassment of US-based claimants by a UK/EU-based defendant

Ratio Decidendi

Interim injunctive relief is granted to enforce the Tomlin order and restrain further harassment, as the defendant has breached a recent settlement agreement and continued a course of conduct likely to be found unlawful at trial. The claimants' contractual and statutory rights outweigh any prejudice to the defendant, who has offered no substantive defence and whose conduct is motivated by unwarranted demands. The balance of justice and the requirements of s.12 Human Rights Act are satisfied.

Court Disposition

Interim injunctive relief granted in both actions; costs awarded against first defendant.

Orders

  • Defendant restrained from further defamatory publications and required to remove existing publications as per settlement agreement.
  • Defendant restrained from direct communication with claimants except via their solicitor.