TRK & Anor v ICM

TRK & Anor v ICM

The likelihood that the claimants would obtain injunctions at trial restraining the defendant from harassment and disclosure of wrongfully acquired private information was sufficient to justify short-term ex parte injunctions pending a hearing on notice.

Parties
Claimant: TRK; Claimant: BVP; Defendant: ICM
Jurisdiction
England and Wales
Judgment Date
08 November 2016
Procedural Posture
Injunction Application / Interim Ex Parte Hearing
Outcome
Interim injunctions granted for 7 days pending a hearing on notice to the defendant.
Legal Topics
Misuse of Private Information, Harassment, Interim Injunctions, Unauthorised Access, Balancing Article 8 and Article 10 Rights
Privacy Law Harassment Law Human Rights Misuse of Private Information Harassment Interim Injunctions Unauthorised Access Balancing Article 8 and Article 10 Rights

Case Brief

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Parties

TRK

Claimant

BVP

Claimant

ICM

Defendant

Procedural Posture

Injunction Application / Interim Ex Parte Hearing

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 by the defendant
  3. 3 Whether the claimants are likely to obtain injunctions at trial restraining the defendant's conduct

Ratio Decidendi

The likelihood that the claimants would obtain injunctions at trial restraining the defendant from harassment and disclosure of wrongfully acquired private information was sufficient to justify short-term ex parte injunctions pending a hearing on notice.

Court Disposition

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

Orders

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