Makin v News Group Newspapers Ltd

Makin v News Group Newspapers Ltd

The injunction was refused as the applicant was not more likely than not to succeed at trial, considering public interest, lack of prejudice, and risk to the respondent. The breach of undertaking by the respondent was inadvertent, not deliberate, and was remedied promptly; therefore, no further action was taken beyond costs consequences.

Parties
Claimant: Robin Simon Graham Makin (as executor of Ian Stewart-Brady (deceased)); Defendant: News Group Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
12 June 2017
Procedural Posture
Injunction Application (interim Relief) / Judgment on Breach of Undertaking and Disposal
Outcome
Proceedings discontinued with permission; costs awarded to claimant for breach of undertaking.
Legal Topics
Injunctions, Breach of Undertaking, Contempt of Court, Costs
Media Law Civil Procedure Contempt of Court Injunctions Breach of Undertaking Costs

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Parties

Robin Simon Graham Makin (as executor of Ian Stewart-Brady (deceased))

Claimant

News Group Newspapers Limited

Defendant

Procedural Posture

Injunction Application (interim Relief) / Judgment on Breach of Undertaking and Disposal

Legal Issues

  1. 1 Whether an injunction should be granted to restrain publication of details of a will
  2. 2 Whether there was a breach of an undertaking given to the court
  3. 3 Whether further steps should be taken in relation to the breach

Ratio Decidendi

The injunction was refused as the applicant was not more likely than not to succeed at trial, considering public interest, lack of prejudice, and risk to the respondent. The breach of undertaking by the respondent was inadvertent, not deliberate, and was remedied promptly; therefore, no further action was taken beyond costs consequences.

Court Disposition

Proceedings discontinued with permission; costs awarded to claimant for breach of undertaking.

Orders

  • Permission granted to discontinue proceedings without notice to defendant.
  • No order for costs against claimant for the hearing of 19 May.