Terry v Persons Unknown (Rev 1) [2010] EWHC 119 (QB) (29 January 2010)

Terry v Persons Unknown (Rev 1) [2010] EWHC 119 (QB) (29 January 2010)

The applicant failed to satisfy the court that he is likely to establish at trial that publication of the fact of the relationship, or relatively unintrusive details, should not be allowed. There is insufficient evidence of a real threat to publish intrusive details or photographs, and the law requires a balancing...

Source-derived case information.

Citation
[2010] EWHC 119
Parties
Applicant: John Terry; Respondent: Persons Unknown
Jurisdiction
England and Wales
Judgment Date
29 January 2010
Procedural Posture
Interim Injunction Application / First Instance, Pre Trial
Outcome
Application for interim injunction refused
Legal Topics
Misuse of Private Information, Breach of Confidence, Freedom of Expression, Open Justice, Anonymity Orders, Super Injunctions, Defamation, Public Interest Defence
Privacy Law Media Law Human Rights Law Civil Procedure Misuse of Private Information Breach of Confidence Freedom of Expression Open Justice +4 more

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Parties

John Terry

Applicant

Persons Unknown

Respondent

Procedural Posture

Interim Injunction Application / First Instance, Pre Trial

Legal Issues

  1. 1 Whether an interim injunction should be granted to restrain publication of private information relating to the applicant's personal relationship
  2. 2 Whether derogations from open justice and procedural rules are justified
  3. 3 Whether the applicant is likely to succeed at trial in establishing misuse of private information or breach of confidence

Ratio Decidendi

The applicant failed to satisfy the court that he is likely to establish at trial that publication of the fact of the relationship, or relatively unintrusive details, should not be allowed. There is insufficient evidence of a real threat to publish intrusive details or photographs, and the law requires a balancing of privacy and freedom of expression, with public interest defences potentially available. The application for an interim injunction is refused.

Court Disposition

Application for interim injunction refused

Orders

  • No interim injunction granted
  • No derogations from open justice or procedural rules ordered