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 sufficient countervailing public interest in full publication. However, the media may publish 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 identifying the applicant.

Citation
[2011] EWHC 1972 (QB)
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
Outcome
Interim injunction continued with modifications
Legal Topics
Interim Injunctions, Anonymity Orders, Freedom of Expression, Right to Privacy, Article 8 ECHR, Article 10 ECHR, Public Interest, Jigsaw Identification
Privacy Law Media Law Human Rights Interim Injunctions Anonymity Orders Freedom of Expression Right to Privacy Article 8 ECHR +3 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

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 injunction should be continued and in what terms, including the extent of permissible publication about the applicant

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 sufficient countervailing public interest in full publication. However, the media may publish 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 identifying the applicant.

Court Disposition

Interim injunction continued with modifications

Orders

  • Continuation of the injunction preventing identification of the applicant and publication of details of his sexual encounters, subject to a proviso allowing publication that the respondent had a sexual relationship with a leading actor, a world famous celebrity, who is married and a father.
  • Anonymity order for the applicant continued.