XLD v KZL [2020] EWHC 1558 (QB) (17 June 2020)

XLD v KZL [2020] EWHC 1558 (QB) (17 June 2020)

On the evidence, the claimant is more likely than not to succeed at trial in establishing misuse of private information and harassment. There are compelling reasons not to notify the defendant before granting relief, as notice would risk immediate disclosure of the private information. Anonymisation and a private hearing are justified to protect the claimant's privacy and the administration of justice.

Citation
[2020] EWHC 1558 (QB)
Parties
Claimant: XLD; Defendant: KZL
Jurisdiction
England and Wales
Judgment Date
17 June 2020
Procedural Posture
Interim Injunction Application (ex Parte) / Interim Relief Before Trial
Outcome
Interim injunction granted without notice to the defendant.
Legal Topics
Interim Injunctions, Misuse of Private Information, Harassment, Blackmail, Anonymisation, Open Justice, Service by Alternative Means
Civil Procedure Privacy Law Tort Law Interim Injunctions Misuse of Private Information Harassment Blackmail Anonymisation +2 more

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Parties

XLD

Claimant

KZL

Defendant

Procedural Posture

Interim Injunction Application (ex Parte) / Interim Relief Before Trial

Legal Issues

  1. 1 Whether the claimant is entitled to an interim injunction restraining publication of private information and harassment
  2. 2 Whether the hearing should be anonymised and held in private
  3. 3 Whether relief can be granted without notice to the defendant under Human Rights Act 1998 s.12

Ratio Decidendi

On the evidence, the claimant is more likely than not to succeed at trial in establishing misuse of private information and harassment. There are compelling reasons not to notify the defendant before granting relief, as notice would risk immediate disclosure of the private information. Anonymisation and a private hearing are justified to protect the claimant's privacy and the administration of justice.

Court Disposition

Interim injunction granted without notice to the defendant.

Orders

  • Interim injunction restraining publication of private information and harassment until the return date.
  • Anonymisation of both parties.