Jagger v Darling & Ors

Jagger v Darling & Ors

On the uncontested evidence, the claimant had a legitimate expectation of privacy regarding the CCTV footage, copyright was validly assigned, and the balance of rights under Articles 8 and 10 strongly favours restraining publication; therefore, an interim injunction is granted.

Parties
Claimant: Elizabeth Jagger; Defendant: John Darling; Defendants: Others (persons who acquired or made a copy of the CCTV recording and supplied it or images taken from it to the News of the World newspaper)
Jurisdiction
England and Wales
Judgment Date
09 March 2005
Procedural Posture
Application / Interlocutory Injunction
Outcome
interim injunction granted
Legal Topics
Misuse of Private Information, Copyright, Freedom of Expression, Interim Injunctions
Privacy Law Intellectual Property Human Rights Misuse of Private Information Copyright Freedom of Expression Interim Injunctions

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Parties

Elizabeth Jagger

Claimant

John Darling

Defendant

Others (persons who acquired or made a copy of the CCTV recording and supplied it or images taken from it to the News of the World newspaper)

Defendants

Procedural Posture

Application / Interlocutory Injunction

Legal Issues

  1. 1 Whether the claimant is entitled to an injunction restraining publication of CCTV footage
  2. 2 Whether the claimant has a legitimate expectation of privacy
  3. 3 Whether copyright in the CCTV footage has been validly assigned to the claimant

Ratio Decidendi

On the uncontested evidence, the claimant had a legitimate expectation of privacy regarding the CCTV footage, copyright was validly assigned, and the balance of rights under Articles 8 and 10 strongly favours restraining publication; therefore, an interim injunction is granted.

Court Disposition

interim injunction granted

Orders

  • Defendants must not disclose, publish, republish, syndicate, use, communicate or disclose any CCTV footage or images of the claimant at Kabaret nightclub on 16 and/or 17 February 2005 until trial or further order.
  • Each defendant must preserve safely in their possession any item referred to in the order.