EWQ v GFD

EWQ v GFD

The court found the Claimant is likely to establish at trial that publication of the four classes of private information should not be allowed, and that the Defendant's conduct amounts to harassment. The balance of rights favours continuing the injunction, including a friends and family proviso, as the Defendant's threats were not limited to the bare fact of the relationship and were linked to demands for money. Material non-disclosure was not established as material to the outcome.

Parties
Claimant: EWQ; Defendant: GFD
Jurisdiction
England and Wales
Judgment Date
30 July 2012
Procedural Posture
Civil / Interim Application for Injunction; Return Date Hearing
Outcome
Injunction continued with modification
Legal Topics
Misuse of Private Information, Interim Injunctions, Protection From Harassment Act, Article 8 ECHR, Article 10 ECHR, Material Non Disclosure, Blackmail Allegations
Privacy Harassment Human Rights Misuse of Private Information Interim Injunctions Protection From Harassment Act Article 8 ECHR Article 10 ECHR +2 more

Case Brief

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Parties

EWQ

Claimant

GFD

Defendant

Procedural Posture

Civil / Interim Application for Injunction; Return Date Hearing

Legal Issues

  1. 1 Whether the Claimant has a reasonable expectation of privacy in respect of information about his relationship with the Defendant
  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 application

Ratio Decidendi

The court found the Claimant is likely to establish at trial that publication of the four classes of private information should not be allowed, and that the Defendant's conduct amounts to harassment. The balance of rights favours continuing the injunction, including a friends and family proviso, as the Defendant's threats were not limited to the bare fact of the relationship and were linked to demands for money. Material non-disclosure was not established as material to the outcome.

Court Disposition

Injunction continued with modification

Orders

  • Interim injunction restraining Defendant from disclosing private information and from harassment continues
  • Injunction to include friends and family proviso permitting disclosure for purely private and personal purposes in confidence to closest friends, immediate family, and professional advisors