NCL v MME

NCL v MME

The claimant is likely to succeed at trial as the invasion of privacy by the Book is serious, extensive, and disproportionate to any legitimate purpose in publishing. Continued publication would breach section 1(1) of the Sexual Offences (Amendment) Act 1992 and constitute misuse of private information. Damages would not be an adequate remedy.

Parties
Claimant: NCL; Defendant: MME
Jurisdiction
England and Wales
Judgment Date
28 September 2020
Procedural Posture
Civil / Interim Application for Injunctive Relief
Outcome
Interim injunction granted
Legal Topics
Misuse of Private Information, Anonymity of Complainants, Interim Injunctions, Freedom of Expression
Privacy Law Criminal Law Human Rights Misuse of Private Information Anonymity of Complainants Interim Injunctions Freedom of Expression

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 5 Authorities cited 19 Party arguments 2
Sign in to unlock

Parties

NCL

Claimant

MME

Defendant

Procedural Posture

Civil / Interim Application for Injunctive Relief

Legal Issues

  1. 1 Whether publication of the Book breaches the claimant's statutory right to anonymity under section 1(1) of the Sexual Offences (Amendment) Act 1992
  2. 2 Whether publication constitutes misuse of private information
  3. 3 Whether interim injunctive relief should be granted without notice

Ratio Decidendi

The claimant is likely to succeed at trial as the invasion of privacy by the Book is serious, extensive, and disproportionate to any legitimate purpose in publishing. Continued publication would breach section 1(1) of the Sexual Offences (Amendment) Act 1992 and constitute misuse of private information. Damages would not be an adequate remedy.

Court Disposition

Interim injunction granted

Orders

  • Order for anonymity of the claimant
  • Order prohibiting publication of the Book