EWQ v GFD [2012] EWHC 1907 (QB) (12 July 2012)

EWQ v GFD [2012] EWHC 1907 (QB) (12 July 2012)

The court was satisfied that the Defendant's conduct amounted to harassment and that there was a real risk that notice would frustrate the injunction's purpose. The threatened publication was likely to be found private and confidential, justifying a non-disclosure order and anonymity for both parties.

Citation
[2012] EWHC 1907
Parties
Claimant: EWQ; Defendant: GFD
Jurisdiction
England and Wales
Judgment Date
12 July 2012
Procedural Posture
Civil / Interim Injunction, Return Date Hearing
Outcome
Interim injunction and non-disclosure order continued; undertakings by Defendant; parties anonymised.
Legal Topics
Interim Injunctions, Non Disclosure Orders, Anonymity Orders, Protection From Harassment
Civil Procedure Privacy Law Harassment Interim Injunctions Non Disclosure Orders Anonymity Orders Protection From Harassment

Case Brief

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Parties

EWQ

Claimant

GFD

Defendant

Procedural Posture

Civil / Interim Injunction, Return Date Hearing

Legal Issues

  1. 1 Whether the Defendant's conduct amounts to harassment under the Protection from Harassment Act 1997
  2. 2 Whether a non-disclosure order should be granted to prevent publication of private information
  3. 3 Whether anonymity for the parties is justified at this stage

Ratio Decidendi

The court was satisfied that the Defendant's conduct amounted to harassment and that there was a real risk that notice would frustrate the injunction's purpose. The threatened publication was likely to be found private and confidential, justifying a non-disclosure order and anonymity for both parties.

Court Disposition

Interim injunction and non-disclosure order continued; undertakings by Defendant; parties anonymised.

Orders

  • Defendant prohibited from harassing the Claimant.
  • Non-disclosure order continued.