Ferreira-Malosso v Nowakowska [2024] EWHC 2696 (KB) (24 October 2024)

Ferreira-Malosso v Nowakowska [2024] EWHC 2696 (KB) (24 October 2024)

The interim injunction was set aside because the claimant failed to apply the correct legal test for interim relief in defamation, namely the 'Bonnard v Perryman' rule, and could not demonstrate that his claim was bound to succeed; the main purpose of the claim was protection of reputation, so the stricter threshold applied.

Citation
[2024] EWHC 2696 (KB)
Parties
Claimant: Goncalo Ferreira-Malosso; Defendant: Justina Nowakowska
Jurisdiction
England and Wales
Judgment Date
24 October 2024
Procedural Posture
Defamation and Harassment (interim Injunction) / Return Date Hearing on Interim Injunction
Outcome
Interim injunction set aside; application for continuation refused; consent order not approved in current form.
Legal Topics
Interim Injunctions, Without Notice Applications, Threshold for Injunctive Relief, Freedom of Expression, Bonnard V Perryman Rule
Defamation Harassment Media Law Civil Procedure Interim Injunctions Without Notice Applications Threshold for Injunctive Relief Freedom of Expression +1 more

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Parties

Goncalo Ferreira-Malosso

Claimant

Justina Nowakowska

Defendant

Procedural Posture

Defamation and Harassment (interim Injunction) / Return Date Hearing on Interim Injunction

Legal Issues

  1. 1 Whether the interim injunction in defamation proceedings was properly granted applying the correct legal test
  2. 2 Whether the 'Bonnard v Perryman' rule applies to the interim injunction sought
  3. 3 Whether the claimant misled the court as to the applicable legal threshold

Ratio Decidendi

The interim injunction was set aside because the claimant failed to apply the correct legal test for interim relief in defamation, namely the 'Bonnard v Perryman' rule, and could not demonstrate that his claim was bound to succeed; the main purpose of the claim was protection of reputation, so the stricter threshold applied.

Court Disposition

Interim injunction set aside; application for continuation refused; consent order not approved in current form.

Orders

  • Interim injunction granted on 17 October 2024 is set aside.
  • Claimant's application to maintain the interim injunction is refused.