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 because the defendant has clearly breached the settlement agreement and engaged in a course of conduct amounting to harassment. The claimants have a strong case, the requirements of s.12 Human Rights Act 1998 are met, and the balance of justice favours the orders. English law is likely to apply given the defendant's connections to the UK and submission to jurisdiction.

Citation
[2015] EWHC 3886 (QB)
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 Ongoing and Newly Commenced Actions
Outcome
Interim injunctive relief granted in both actions; costs awarded against the first defendant.
Legal Topics
Interim Injunctions, Tomlin Orders, Settlement Agreements, Article 10 ECHR, Protection From Harassment Act 1997, Choice of Law
Civil Procedure Defamation Harassment Contract Law Human Rights Interim Injunctions Tomlin Orders Settlement Agreements +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 Ongoing and Newly Commenced Actions

Legal Issues

  1. 1 Whether interim injunctive relief should be granted to enforce a Tomlin order settlement agreement 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 foreign claimants by a UK defendant

Ratio Decidendi

Interim injunctive relief is granted to enforce the Tomlin order and restrain further harassment because the defendant has clearly breached the settlement agreement and engaged in a course of conduct amounting to harassment. The claimants have a strong case, the requirements of s.12 Human Rights Act 1998 are met, and the balance of justice favours the orders. English law is likely to apply given the defendant's connections to the UK and submission to jurisdiction.

Court Disposition

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

Orders

  • Interim injunction to enforce the Tomlin order and settlement agreement in the first action.
  • Interim injunction restraining harassment by direct communication in the second action.