Coulson & Ors v Wilby [2014] EWHC 3404 (QB) (21 October 2014)

Coulson & Ors v Wilby [2014] EWHC 3404 (QB) (21 October 2014)

The defendants' repeated, targeted, and highly offensive online publications about the claimants, including personal attacks, false allegations, and misuse of private photographs, amount to harassment under the Protection from Harassment Act 1997. The conduct is objectively oppressive, calculated to cause alarm and distress, and goes beyond unattractive or unreasonable criticism. The claimants are likely to establish at trial that publication should not be allowed, and there is no material before the court suggesting a defence. Interim injunctive relief is therefore appropriate.

Citation
[2014] EWHC 3404
Parties
Claimant: Anthony Coulson; Claimant: Katherine Lawcock; Claimant: Rebecca Reed; Defendant: Neil Wilby
Jurisdiction
England and Wales
Judgment Date
21 October 2014
Procedural Posture
Application for Interim Injunctions (civil Harassment) / Interim Relief Hearing
Outcome
Interim injunctions granted
Legal Topics
Harassment, Defamation, Privacy, Freedom of Expression, Interim Injunctions
Civil Procedure Tort Law Human Rights Harassment Defamation Privacy Freedom of Expression Interim Injunctions

Case Brief

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Parties

Anthony Coulson

Claimant

Katherine Lawcock

Claimant

Rebecca Reed

Claimant

Neil Wilby

Defendant

Procedural Posture

Application for Interim Injunctions (civil Harassment) / Interim Relief Hearing

Legal Issues

  1. 1 Whether the defendants' online publications amount to harassment under the Protection from Harassment Act 1997
  2. 2 Whether interim injunctive relief should be granted restraining further publication and compelling removal of material
  3. 3 Whether the claimants are likely to establish at trial that publication should not be allowed, balancing Article 10 ECHR rights

Ratio Decidendi

The defendants' repeated, targeted, and highly offensive online publications about the claimants, including personal attacks, false allegations, and misuse of private photographs, amount to harassment under the Protection from Harassment Act 1997. The conduct is objectively oppressive, calculated to cause alarm and distress, and goes beyond unattractive or unreasonable criticism. The claimants are likely to establish at trial that publication should not be allowed, and there is no material before the court suggesting a defence. Interim injunctive relief is therefore appropriate.

Court Disposition

Interim injunctions granted

Orders

  • Defendants restrained from harassing the claimants
  • Defendants ordered to take down specified internet postings (precise terms to be settled after hearing counsel)