Hirschfeld v McGrath [2011] EWHC 249 (QB) (15 February 2011)

Hirschfeld v McGrath [2011] EWHC 249 (QB) (15 February 2011)

The court declined to continue the anonymity order because the general rule of open justice prevails unless strict necessity for anonymity is demonstrated; the risk of jigsaw identification and the need for clarity in the injunction were considered, but the balance did not justify derogation from open justice.

Source-derived case information.

Citation
[2011] EWHC 249 (QB)
Parties
Claimant: Stephanie Hirschfeld; Defendant: James McGrath
Jurisdiction
England and Wales
Judgment Date
15 February 2011
Procedural Posture
Injunction Application / Return Date Hearing on Interim Injunction
Outcome
Anonymity order not continued; injunction continued by undertakings.
Legal Topics
Confidential Information, Anonymity Orders, Publication Restraint, Marital Confidences
Privacy Law Family Law Confidential Information Anonymity Orders Publication Restraint Marital Confidences

Source-derived case record

Summary, issues, holding and outcome

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Parties

Stephanie Hirschfeld

Claimant

James McGrath

Defendant

Procedural Posture

Injunction Application / Return Date Hearing on Interim Injunction

Legal Issues

  1. 1 Whether to continue an anonymity order in proceedings concerning publication of confidential marital information
  2. 2 Whether to restrain publication of information relating to the claimant's private and family life

Ratio Decidendi

The court declined to continue the anonymity order because the general rule of open justice prevails unless strict necessity for anonymity is demonstrated; the risk of jigsaw identification and the need for clarity in the injunction were considered, but the balance did not justify derogation from open justice.

Court Disposition

Anonymity order not continued; injunction continued by undertakings.

Orders

  • Defendant undertakes not to publish, republish, syndicate, use, communicate or disclose confidential information concerning the intimate former relationship, family life, or claimant's health, except as permitted by the order.
  • No order restraining publication of the defendant's book, provided undertakings are observed.