TRK & Anor v ICM [2016] EWHC 2810 (QB) (08 November 2016)

TRK & Anor v ICM [2016] EWHC 2810 (QB) (08 November 2016)

On the evidence, the defendant's access to BVP's email was unauthorised and wrongful. The likelihood of the claimants obtaining injunctions at trial was sufficient to justify short-term interim relief. The risk of further harassment or wrongful disclosure justified granting ex parte injunctions for 7 days, pending a hearing on notice.

Citation
[2016] EWHC 2810
Parties
Claimant: TRK; Claimant: BVP; Defendant: ICM
Jurisdiction
England and Wales
Judgment Date
08 November 2016
Procedural Posture
Interim Injunction Application (without Notice) / Ex Parte Hearing for Interim Relief
Outcome
Interim injunctions granted for 7 days
Legal Topics
Misuse of Private Information, Interim Injunctions, Protection From Harassment, Article 8 ECHR, Article 10 ECHR, Without Notice Applications
Privacy Law Harassment Law Human Rights Misuse of Private Information Interim Injunctions Protection From Harassment Article 8 ECHR Article 10 ECHR +1 more

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Parties

TRK

Claimant

BVP

Claimant

ICM

Defendant

Procedural Posture

Interim Injunction Application (without Notice) / Ex Parte Hearing for Interim Relief

Legal Issues

  1. 1 Whether interim injunctions should be granted without notice to restrain harassment and misuse of private information
  2. 2 Whether the threshold for interim relief under s 12(3) Human Rights Act 1998 is met
  3. 3 Whether the defendant's threatened disclosure of private information is justified

Ratio Decidendi

On the evidence, the defendant's access to BVP's email was unauthorised and wrongful. The likelihood of the claimants obtaining injunctions at trial was sufficient to justify short-term interim relief. The risk of further harassment or wrongful disclosure justified granting ex parte injunctions for 7 days, pending a hearing on notice.

Court Disposition

Interim injunctions granted for 7 days

Orders

  • Defendant restrained from engaging in harassment of claimants
  • Defendant restrained from making disclosures of claimants' private information