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 relationships 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. However, the claimant has not shown a reasonable expectation of privacy in respect of the bare fact of the relationship with the defendant, given conflicting evidence about its openness. Material non-disclosure by the claimant was not established as material to the outcome.

Citation
[2012] EWHC 2182 (QB)
Parties
Claimant: EWQ; Defendant: GFD
Jurisdiction
England and Wales
Judgment Date
30 July 2012
Procedural Posture
Interim Injunction Application (privacy and Harassment) / Post Return Date Hearing, Interim Relief Determination
Outcome
Interim injunction continued in respect of details of relationships and harassment; discharged as to bare fact of relationship.
Legal Topics
Misuse of Private Information, Harassment, Interim Injunctions, Material Non Disclosure, Human Rights Act Balancing, Expectation of Privacy, Freedom of Expression
Privacy Law Defamation and Media Law Family Law Civil Procedure Misuse of Private Information Harassment Interim Injunctions Material Non Disclosure +3 more

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 6 Authorities cited 14 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

EWQ

Claimant

GFD

Defendant

Procedural Posture

Interim Injunction Application (privacy and Harassment) / Post Return Date Hearing, Interim Relief Determination

Legal Issues

  1. 1 Whether the claimant is likely to establish that publication of the information should not be allowed under HRA s.12(2)
  2. 2 Whether the defendant's conduct amounts to harassment under the Protection from Harassment Act 1997
  3. 3 Whether the claimant failed to make full and frank disclosure at the without notice hearing

Ratio Decidendi

The claimant is likely to establish that publication of details of his sexual relationship with the defendant, details of his relationships 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. However, the claimant has not shown a reasonable expectation of privacy in respect of the bare fact of the relationship with the defendant, given conflicting evidence about its openness. Material non-disclosure by the claimant was not established as material to the outcome.

Court Disposition

Interim injunction continued in respect of details of relationships and harassment; discharged as to bare fact of relationship.

Orders

  • Defendant restrained from publishing or disclosing details of sexual relationship, relationships with wife and children, and other sexual relationships.
  • Defendant restrained from pursuing a course of conduct amounting to harassment, including visiting claimant's home or business.