Goncalo Ferreira-Malosso v Justina Nowakowska

Goncalo Ferreira-Malosso v Justina Nowakowska

The interim injunction must be set aside because the claimant failed to meet the exceptionally high threshold required for interim relief in defamation cases, and the court was misled as to the applicable legal test. The main purpose of the claim was protection of reputation, so the Bonnard v Perryman rule applied, and the claimant could not show his claim was bound to succeed.

Parties
Claimant: Goncalo Ferreira-Malosso; Defendant: Justina Nowakowska
Jurisdiction
England and Wales
Judgment Date
24 October 2024
Procedural Posture
Civil Defamation and Harassment / Return Date Hearing on Interim Injunction
Outcome
Interim injunction set aside; application for continuation refused; permission to amend claim form granted; no further action against claimant's advocate beyond setting aside the order.
Legal Topics
Interim Injunctions, Without Notice Applications, Threshold for Injunctive Relief, Bonnard V Perryman Rule, Freedom of Expression
Defamation Harassment Civil Procedure Interim Injunctions Without Notice Applications Threshold for Injunctive Relief Bonnard V Perryman Rule Freedom of Expression

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Parties

Goncalo Ferreira-Malosso

Claimant

Justina Nowakowska

Defendant

Procedural Posture

Civil Defamation and Harassment / Return Date Hearing on Interim Injunction

Legal Issues

  1. 1 What is the correct legal test for granting an interim injunction in defamation proceedings?
  2. 2 Does the Bonnard v Perryman rule apply where harassment is also pleaded?
  3. 3 Was the court misled as to the applicable threshold for interim relief?

Ratio Decidendi

The interim injunction must be set aside because the claimant failed to meet the exceptionally high threshold required for interim relief in defamation cases, and the court was misled as to the applicable legal test. The main purpose of the claim was protection of reputation, so the Bonnard v Perryman rule applied, and the claimant could not show his claim was bound to succeed.

Court Disposition

Interim injunction set aside; application for continuation refused; permission to amend claim form granted; no further action against claimant's advocate beyond setting aside the order.

Orders

  • Interim injunction granted on 17 October 2024 is set aside.
  • Permission granted to claimant to amend claim form to include harassment.