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 does not have a reasonable expectation of privacy regarding the existence of his 'second' family in the circumstances, and even if such expectation existed, the balancing exercise under Article 8 and Article 10 ECHR does not justify restricting the respondents' freedom of expression. The applicant is...

Source-derived case information.

Citation
[2010] EWHC 3145 (QB)
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
Interim Injunction Application / Post Hearing Judgment
Outcome
Application for interim injunction dismissed
Legal Topics
Reasonable Expectation of Privacy, Freedom of Expression, Article 8 ECHR, Article 10 ECHR, Public Interest, Interim Injunctions
Privacy Law Media Law Human Rights Reasonable Expectation of Privacy Freedom of Expression Article 8 ECHR Article 10 ECHR Public Interest +1 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

Interim Injunction Application / Post Hearing Judgment

Legal Issues

  1. 1 Whether the applicant has a reasonable expectation of privacy regarding the existence of 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 does not have a reasonable expectation of privacy regarding the existence of his 'second' family in the circumstances, and even if such expectation existed, the balancing exercise under Article 8 and Article 10 ECHR does not justify restricting the respondents' freedom of expression. The applicant is not likely to succeed at trial in obtaining a permanent injunction, so interim relief is refused.

Court Disposition

Application for interim injunction dismissed

Orders

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