CDE & Anor v MGN Ltd & Anor [2010] EWHC 3308 (QB) (16 December 2010)

CDE & Anor v MGN Ltd & Anor [2010] EWHC 3308 (QB) (16 December 2010)

On the evidence available, the Claimants are likely to succeed at trial in obtaining a permanent injunction restraining publication of the private and confidential information. The proposed publication would constitute a serious intrusion into the Claimants' and their family's Article 8 rights, and the Defendants' public interest arguments (including alleged exploitation, BBC involvement, and breach of s.127 Communications Act 2003) are unlikely to succeed at trial. The balancing exercise under s.12(3) Human Rights Act 1998 and relevant case law favours the continuation of the injunction. Anonymity for the individual parties is necessary to preserve the purpose of the injunction.

Citation
[2010] EWHC 3308
Parties
Claimant: CDE; Claimant: FGH; Defendant: MGN Ltd; Defendant: LMN
Jurisdiction
England and Wales
Judgment Date
16 December 2010
Procedural Posture
Interim Injunction Application (privacy/confidence) / Application to Continue Interim Injunction Pending Trial
Outcome
Interim injunction continued; anonymity order granted for individual parties; Claimants likely to succeed at trial.
Legal Topics
Article 8 ECHR (right to Privacy), Article 10 ECHR (freedom of Expression), Breach of Confidence, Interim Injunctions, Balancing Competing Convention Rights, Anonymity Orders
Privacy Law Media Law Human Rights Article 8 ECHR (right to Privacy) Article 10 ECHR (freedom of Expression) Breach of Confidence Interim Injunctions Balancing Competing Convention Rights +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 19 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

CDE

Claimant

FGH

Claimant

MGN Ltd

Defendant

LMN

Defendant

Procedural Posture

Interim Injunction Application (privacy/confidence) / Application to Continue Interim Injunction Pending Trial

Legal Issues

  1. 1 Whether the Claimants are likely to obtain a permanent injunction restraining publication of private/confidential information by the Defendants
  2. 2 Whether the proposed publication is justified by a public interest sufficient to override Article 8 rights
  3. 3 Whether the balancing exercise between Article 8 and Article 10 ECHR favours the grant of an injunction

Ratio Decidendi

On the evidence available, the Claimants are likely to succeed at trial in obtaining a permanent injunction restraining publication of the private and confidential information. The proposed publication would constitute a serious intrusion into the Claimants' and their family's Article 8 rights, and the Defendants' public interest arguments (including alleged exploitation, BBC involvement, and breach of s.127 Communications Act 2003) are unlikely to succeed at trial. The balancing exercise under s.12(3) Human Rights Act 1998 and relevant case law favours the continuation of the injunction. Anonymity for the individual parties is necessary to preserve the purpose of the injunction.

Court Disposition

Interim injunction continued; anonymity order granted for individual parties; Claimants likely to succeed at trial.

Orders

  • Continuation of interim injunction restraining publication of private/confidential information by the Defendants
  • Anonymity order for the individual parties to prevent jigsaw identification