EWQ v GFD [2012] EWHC 2182 (QB) (30 July 2012)

EWQ v GFD [2012] EWHC 2182 (QB) (30 July 2012)

The Claimant is likely to establish that publication of details of his sexual relationship with the Defendant, details of his relationship with his wife and children, and details of other sexual relationships should not be allowed. The Defendant's threats and conduct amount to harassment under the Protection from Harassment Act 1997. Material non-disclosure by the Claimant was not established as sufficiently material to justify discharge of the injunction. The court may grant an injunction even if it assists in a deception, where the interests of the family and children outweigh the Defendant's Article 10 rights.

Citation
[2012] EWHC 2182
Parties
Claimant: EWQ; Defendant: GFD
Jurisdiction
England and Wales
Judgment Date
30 July 2012
Procedural Posture
Civil Privacy and Harassment / Interim Injunction Hearing
Outcome
Interim injunction continued with modifications
Legal Topics
Misuse of Private Information, Protection From Harassment Act 1997, Article 8 ECHR, Article 10 ECHR, Material Non Disclosure, Interim Injunctions
Privacy Law Harassment Law Human Rights Misuse of Private Information Protection From Harassment Act 1997 Article 8 ECHR Article 10 ECHR Material Non Disclosure +1 more

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Parties

EWQ

Claimant

GFD

Defendant

Procedural Posture

Civil Privacy and Harassment / Interim Injunction Hearing

Legal Issues

  1. 1 Whether the Claimant has a reasonable expectation of privacy regarding the information threatened to be disclosed
  2. 2 Whether the Defendant's conduct amounts to harassment under the Protection from Harassment Act 1997
  3. 3 Whether material non-disclosure by the Claimant justifies discharge of the injunction

Ratio Decidendi

The Claimant is likely to establish that publication of details of his sexual relationship with the Defendant, details of his relationship with his wife and children, and details of other sexual relationships should not be allowed. The Defendant's threats and conduct amount to harassment under the Protection from Harassment Act 1997. Material non-disclosure by the Claimant was not established as sufficiently material to justify discharge of the injunction. The court may grant an injunction even if it assists in a deception, where the interests of the family and children outweigh the Defendant's Article 10 rights.

Court Disposition

Interim injunction continued with modifications

Orders

  • Defendant restrained from disclosing private information about the Claimant as specified in the Confidential Schedule
  • Defendant restrained from pursuing a course of conduct amounting to harassment of the Claimant