Ambrosiadou v Coward [2013] EWHC 58 (QB) (25 January 2013)

Ambrosiadou v Coward [2013] EWHC 58 (QB) (25 January 2013)

No evidence of a real risk or threat from third parties to publish the protected information; an order expressly binding third parties is neither necessary nor proportionate. The court approves the settlement and statement in open court, omitting the disputed Penal Notice wording regarding third parties.

Citation
[2013] EWHC 58
Parties
Claimant: Elena Ambrosiadou; Defendant: Martin Coward; Third Party: Allbourne Partners Ltd
Jurisdiction
England and Wales
Judgment Date
25 January 2013
Procedural Posture
Application for Approval of Settlement and Injunction / Final Judgment on Application, No Oral Hearing
Outcome
Application granted in part; court approves settlement and statement in open court, omitting Penal Notice wording regarding third parties.
Legal Topics
Injunctions, Non Disclosure Orders, Third Party Liability, Quia Timet Relief, Human Rights Act 1998 S.6, Article 8 ECHR, Article 10 ECHR
Privacy Law Family Law Civil Procedure Injunctions Non Disclosure Orders Third Party Liability Quia Timet Relief Human Rights Act 1998 S.6 +2 more

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Parties

Elena Ambrosiadou

Claimant

Martin Coward

Defendant

Allbourne Partners Ltd

Third Party

Procedural Posture

Application for Approval of Settlement and Injunction / Final Judgment on Application, No Oral Hearing

Legal Issues

  1. 1 Whether a final injunction can bind third parties under the Spycatcher principle
  2. 2 Whether an order expressly binding third parties is necessary and proportionate
  3. 3 Whether the claimant is entitled to a quia timet order against third parties

Ratio Decidendi

No evidence of a real risk or threat from third parties to publish the protected information; an order expressly binding third parties is neither necessary nor proportionate. The court approves the settlement and statement in open court, omitting the disputed Penal Notice wording regarding third parties.

Court Disposition

Application granted in part; court approves settlement and statement in open court, omitting Penal Notice wording regarding third parties.

Orders

  • Permission granted for reading of Statement in Open Court.
  • Order made in the form sought, save for omission of Penal Notice wording regarding third parties.