Ambrosiadou v Coward

Ambrosiadou v Coward

No express order or penal notice binding third parties is justified or necessary as there is no evidence of a real risk of publication by third parties; the court will approve the settlement and final injunction without the disputed penal notice wording.

Parties
Claimant: Elena Ambrosiadou; Defendant: Martin Coward
Jurisdiction
England and Wales
Judgment Date
25 January 2013
Procedural Posture
Civil / Application for Approval of Settlement and Final Injunction
Outcome
Application granted in part
Legal Topics
Injunctions, Third Party Orders, Quia Timet Relief, Contra Mundum Orders, Article 8 ECHR, Article 10 ECHR
Privacy Law Civil Procedure Injunctions Third Party Orders Quia Timet Relief Contra Mundum Orders Article 8 ECHR Article 10 ECHR

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Parties

Elena Ambrosiadou

Claimant

Martin Coward

Defendant

Procedural Posture

Civil / 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 order including terms affecting third parties
  3. 3 Whether there is sufficient evidence of risk to justify a quia timet order against third parties

Ratio Decidendi

No express order or penal notice binding third parties is justified or necessary as there is no evidence of a real risk of publication by third parties; the court will approve the settlement and final injunction without the disputed penal notice wording.

Court Disposition

Application granted in part

Orders

  • Permission granted for reading of the Statement in Open Court in the annexed form
  • Order approved in the form sought, save for omission of penal notice wording referencing third parties