SOJ v JAO

SOJ v JAO

The applicant is likely to succeed at trial in restraining publication of the confidential information due to the absence of public interest, the enforceability of the freely negotiated confidentiality agreement, credible evidence of threatened breach and blackmail, and the lack of a substantive GDPR defence. Interim relief is justified to prevent imminent disclosure, and damages would not be an adequate remedy.

Parties
Claimant: SOJ; Defendant: JAO
Jurisdiction
England and Wales
Judgment Date
04 October 2019
Procedural Posture
Civil (privacy/confidentiality Injunction) / Interim Application for Injunction (without Notice)
Outcome
Interim injunction granted pending inter partes hearing
Legal Topics
Interim Injunctions, Confidentiality Agreements, Blackmail, Gdpr/data Protection, Freedom of Expression, Settlement Agreements
Privacy Law Contract Law Civil Procedure Interim Injunctions Confidentiality Agreements Blackmail Gdpr/data Protection Freedom of Expression +1 more

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Parties

SOJ

Claimant

JAO

Defendant

Procedural Posture

Civil (privacy/confidentiality Injunction) / Interim Application for Injunction (without Notice)

Legal Issues

  1. 1 Whether an interim injunction should be granted to restrain publication of confidential information relating to a private relationship and settlement agreement
  2. 2 Whether the application should proceed without notice to the respondent
  3. 3 Whether the confidentiality agreement is enforceable

Ratio Decidendi

The applicant is likely to succeed at trial in restraining publication of the confidential information due to the absence of public interest, the enforceability of the freely negotiated confidentiality agreement, credible evidence of threatened breach and blackmail, and the lack of a substantive GDPR defence. Interim relief is justified to prevent imminent disclosure, and damages would not be an adequate remedy.

Court Disposition

Interim injunction granted pending inter partes hearing

Orders

  • The respondent is restrained from using, disclosing, or publishing the confidential information identified in the order anywhere in the world, pending a full inter partes hearing.
  • The anonymity of the parties is preserved.