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

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

No order expressly binding third parties is necessary or proportionate as there is no evidence of a real risk or threat of publication by third parties; the final injunction will be made only against the defendant, and the penal notice will not include reference to third parties.

Citation
[2013] EWHC 58 (QB)
Parties
Claimant: Elena Ambrosiadou; Defendant: Martin Coward
Jurisdiction
England and Wales
Judgment Date
25 January 2013
Procedural Posture
Civil Privacy Injunction / Application for Approval of Settlement and Final Injunction
Outcome
Application granted in part
Legal Topics
Injunctions, Non Disclosure Orders, Third Party Binding Effect, Article 8 ECHR, Article 10 ECHR, Contra Mundum Orders
Privacy Law Family Law Civil Procedure Injunctions Non Disclosure Orders Third Party Binding Effect Article 8 ECHR Article 10 ECHR +1 more

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Parties

Elena Ambrosiadou

Claimant

Martin Coward

Defendant

Procedural Posture

Civil Privacy Injunction / Application for Approval of Settlement and Final Injunction

Legal Issues

  1. 1 Whether a final injunction restraining publication of private information should expressly bind third parties
  2. 2 Whether the court should approve the settlement terms and permit a statement in open court
  3. 3 Whether there is evidence justifying a quia timet order against third parties

Ratio Decidendi

No order expressly binding third parties is necessary or proportionate as there is no evidence of a real risk or threat of publication by third parties; the final injunction will be made only against the defendant, and the penal notice will not include reference to third parties.

Court Disposition

Application granted in part

Orders

  • Permission granted for reading of the Statement in Open Court in the annexed form
  • Order made in the form sought, save that reference to third parties in the penal notice is omitted