NCL v MME [2020] EWHC 2594 (QB) (28 September 2020)

NCL v MME [2020] EWHC 2594 (QB) (28 September 2020)

The claimant established a strong case that publication of the Book would breach her statutory right to anonymity and her reasonable expectation of privacy, and that the invasion of privacy was serious, extensive, and disproportionate to any legitimate purpose. The risk of identification and further harm justified granting an interim injunction without notice.

Citation
[2020] EWHC 2594 (QB)
Parties
Claimant: NCL; Defendant: MME
Jurisdiction
England and Wales
Judgment Date
28 September 2020
Procedural Posture
Interim Injunction Application / Without Notice, Pre Trial
Outcome
Interim injunction granted
Legal Topics
Misuse of Private Information, Anonymity Orders, Interim Injunctions, Sexual Offences (amendment) Act 1992, Article 8 ECHR, Article 10 ECHR
Privacy Law Media Law Human Rights Misuse of Private Information Anonymity Orders Interim Injunctions Sexual Offences (amendment) Act 1992 Article 8 ECHR +1 more

Case Brief

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Parties

NCL

Claimant

MME

Defendant

Procedural Posture

Interim Injunction Application / Without Notice, Pre Trial

Legal Issues

  1. 1 Whether continued publication of the Book breaches the claimant's right to privacy and statutory anonymity under section 1(1) of the Sexual Offences (Amendment) Act 1992
  2. 2 Whether an interim injunction should be granted without notice to the defendant
  3. 3 Whether the claimant is likely to succeed at trial in restraining publication

Ratio Decidendi

The claimant established a strong case that publication of the Book would breach her statutory right to anonymity and her reasonable expectation of privacy, and that the invasion of privacy was serious, extensive, and disproportionate to any legitimate purpose. The risk of identification and further harm justified granting an interim injunction without notice.

Court Disposition

Interim injunction granted

Orders

  • Anonymity order for the claimant
  • Order restraining publication of the Book