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

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

The likelihood that the claimants would obtain injunctions at trial in the terms sought, based on evidence of unauthorised access to private information and threats of disclosure, justified the grant of short-term injunctions pending a hearing on notice. The defendant's conduct was wrongful and the balance of rights favoured interim relief.

Citation
[2016] EWHC 2810 (QB)
Parties
Claimant: TRK; Claimant: BVP; Defendant: ICM
Jurisdiction
England and Wales
Judgment Date
08 November 2016
Procedural Posture
Interim Injunction Application / Ex Parte Hearing for Interim Relief
Outcome
Interim injunctions granted for 7 days pending a hearing on notice to the defendant.
Legal Topics
Misuse of Private Information, Harassment, Interim Injunctions, Article 8 ECHR, Article 10 ECHR, Protection From Harassment Act 1997
Privacy Law Harassment Law Human Rights Misuse of Private Information Harassment Interim Injunctions Article 8 ECHR Article 10 ECHR +1 more

Case Brief

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Parties

TRK

Claimant

BVP

Claimant

ICM

Defendant

Procedural Posture

Interim Injunction Application / Ex Parte Hearing for Interim Relief

Legal Issues

  1. 1 Whether the application should be heard without notice to the defendant
  2. 2 Whether there is a real risk of continued harassment or disclosure of private information by the defendant
  3. 3 Whether the claimants are likely to obtain a permanent injunction at trial

Ratio Decidendi

The likelihood that the claimants would obtain injunctions at trial in the terms sought, based on evidence of unauthorised access to private information and threats of disclosure, justified the grant of short-term injunctions pending a hearing on notice. The defendant's conduct was wrongful and the balance of rights favoured interim relief.

Court Disposition

Interim injunctions granted for 7 days pending a hearing on notice to the defendant.

Orders

  • Defendant restrained from engaging in harassment of the claimants.
  • Defendant restrained from making disclosures representing misuse of private information.