NEJ v Wood & Anor [2011] EWHC 1972 (QB) (13 April 2011)

NEJ v Wood & Anor [2011] EWHC 1972 (QB) (13 April 2011)

The applicant is likely to establish at trial that publication of his identity and details of his private sexual encounters should not be allowed, as he has a reasonable expectation of privacy and there is no countervailing public interest justifying full publication. However, the injunction should be modified to permit publication that the respondent had a sexual relationship with a leading actor, a world famous celebrity, who is married and a father, as this level of detail is justified for public debate without risking identification.

Citation
[2011] EWHC 1972
Parties
Applicant: NEJ; First Respondent: Helen Wood; Second Respondent: Person Unknown; Interested Party: News Group Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
13 April 2011
Procedural Posture
Interim Injunction Application / Return Date Hearing on Continuation and Modification of Interim Privacy Injunction
Outcome
Interim injunction continued with modifications
Legal Topics
Interim Injunctions, Article 8 ECHR (right to Privacy), Article 10 ECHR (freedom of Expression), Anonymity Orders, Open Justice, Public Interest, Jigsaw Identification
Privacy Law Media Law Human Rights Interim Injunctions Article 8 ECHR (right to Privacy) Article 10 ECHR (freedom of Expression) Anonymity Orders Open Justice +2 more

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Parties

NEJ

Applicant

Helen Wood

First Respondent

Person Unknown

Second Respondent

News Group Newspapers Limited

Interested Party

Procedural Posture

Interim Injunction Application / Return Date Hearing on Continuation and Modification of Interim Privacy Injunction

Legal Issues

  1. 1 Whether the applicant is likely to establish at trial that publication of private information should not be allowed
  2. 2 Whether there is a countervailing public interest justifying publication
  3. 3 Whether the scope of the injunction should be modified to permit publication of certain details about the applicant's class

Ratio Decidendi

The applicant is likely to establish at trial that publication of his identity and details of his private sexual encounters should not be allowed, as he has a reasonable expectation of privacy and there is no countervailing public interest justifying full publication. However, the injunction should be modified to permit publication that the respondent had a sexual relationship with a leading actor, a world famous celebrity, who is married and a father, as this level of detail is justified for public debate without risking identification.

Court Disposition

Interim injunction continued with modifications

Orders

  • Continuation of the injunction preventing identification of the applicant and publication of details of his private sexual encounters
  • Modification to permit publication that the respondent had a sexual relationship with a leading actor, world famous celebrity, married and a father