Ambrosiadou v Coward [2010] EWHC 1794 (QB) (15 July 2010)

Ambrosiadou v Coward [2010] EWHC 1794 (QB) (15 July 2010)

The Claimant failed to establish that she was likely to obtain a permanent injunction restraining the Defendant from publishing or disclosing the Greek court documents or related information, as the evidence did not show that the information retained confidentiality or privacy in this jurisdiction, nor that her Article 8 rights outweighed the Defendant's Article 10 rights. The injunction was discharged. The Claimant had no standing to restrain publication of company documents owed in confidence to IKOS, a non-party. Costs were ordered to lie where they fall due to the mixed outcome and the Defendant's conduct.

Citation
[2010] EWHC 1794
Parties
Claimant: Elena Ambrosiadou; Defendant: Martin Coward
Jurisdiction
England and Wales
Judgment Date
15 July 2010
Procedural Posture
Interim Injunction Application (privacy/confidence) / Return Date Hearing and Judgment on Continuation/discharge of Injunction
Outcome
Claimant's application for continuation of the injunction refused; injunction discharged; costs to lie where they fall.
Legal Topics
Interim Injunctions, Breach of Confidence, Reasonable Expectation of Privacy, Public Domain, Balancing of Article 8 and Article 10 ECHR Rights, Foreign Court Proceedings and Confidentiality, Costs Orders
Privacy Law Confidentiality Family Law Media Law Interim Injunctions Breach of Confidence Reasonable Expectation of Privacy Public Domain +3 more

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Parties

Elena Ambrosiadou

Claimant

Martin Coward

Defendant

Procedural Posture

Interim Injunction Application (privacy/confidence) / Return Date Hearing and Judgment on Continuation/discharge of Injunction

Legal Issues

  1. 1 Whether the Claimant is likely to obtain a permanent injunction restraining the Defendant from publishing or disclosing information derived from Greek divorce proceedings and related documents
  2. 2 Whether the information in question retains a quality of confidence or privacy, or has entered the public domain
  3. 3 Whether the Defendant's Article 10 rights outweigh the Claimant's and her son's Article 8 rights

Ratio Decidendi

The Claimant failed to establish that she was likely to obtain a permanent injunction restraining the Defendant from publishing or disclosing the Greek court documents or related information, as the evidence did not show that the information retained confidentiality or privacy in this jurisdiction, nor that her Article 8 rights outweighed the Defendant's Article 10 rights. The injunction was discharged. The Claimant had no standing to restrain publication of company documents owed in confidence to IKOS, a non-party. Costs were ordered to lie where they fall due to the mixed outcome and the Defendant's conduct.

Court Disposition

Claimant's application for continuation of the injunction refused; injunction discharged; costs to lie where they fall.

Orders

  • Injunction discharged
  • No order as to costs; costs to lie where they fall