KGM v News Group Newspapers Ltd & Ors [2010] EWHC 3145 (QB) (01 December 2010)

KGM v News Group Newspapers Ltd & Ors [2010] EWHC 3145 (QB) (01 December 2010)

The applicant failed to establish a reasonable expectation of privacy regarding the existence of his 'second' family, and even if such expectation existed, the balancing exercise under Article 8 and Article 10 ECHR did not justify restricting the respondents' freedom of expression. There was insufficient likelihood of success at trial to warrant interim relief under s.12(3) Human Rights Act 1998.

Citation
[2010] EWHC 3145
Parties
Applicant: KGM; First Respondent: News Group Newspapers Limited; Second Respondent: MGN Limited; Third Respondent: Associated Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
01 December 2010
Procedural Posture
Application for Interim Injunction / Post Hearing Judgment
Outcome
Application for interim injunction dismissed
Legal Topics
Interim Injunctions, Reasonable Expectation of Privacy, Freedom of Expression, Article 8 ECHR, Article 10 ECHR, Public Interest, Balancing Exercise
Privacy Law Media Law Human Rights Interim Injunctions Reasonable Expectation of Privacy Freedom of Expression Article 8 ECHR Article 10 ECHR +2 more

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Parties

KGM

Applicant

News Group Newspapers Limited

First Respondent

MGN Limited

Second Respondent

Associated Newspapers Limited

Third Respondent

Procedural Posture

Application for Interim Injunction / Post Hearing Judgment

Legal Issues

  1. 1 Whether the applicant has a reasonable expectation of privacy regarding his 'second' family
  2. 2 Whether publication of the information is justified by public interest or freedom of expression
  3. 3 Whether interim relief should be granted under s.12(3) Human Rights Act 1998

Ratio Decidendi

The applicant failed to establish a reasonable expectation of privacy regarding the existence of his 'second' family, and even if such expectation existed, the balancing exercise under Article 8 and Article 10 ECHR did not justify restricting the respondents' freedom of expression. There was insufficient likelihood of success at trial to warrant interim relief under s.12(3) Human Rights Act 1998.

Court Disposition

Application for interim injunction dismissed

Orders

  • Applications against MGN Limited and Associated Newspapers Limited dismissed due to lack of evidence of intention to publish
  • No interim relief granted against News Group Newspapers Limited