MNB v News Group Newspapers Ltd [2011] EWHC 528 (QB) (09 March 2011)

MNB v News Group Newspapers Ltd [2011] EWHC 528 (QB) (09 March 2011)

The court held that the purpose of the original injunction was to prevent publication of information that identified or tended to identify the claimant, including by 'jigsaw identification'. The article published by the defendant contained details falling within this category. There was no sufficient public interest to justify publication, and the claimant was likely to succeed at trial in obtaining an order in the same or similar terms. The interim injunction was continued, and the defendant was not entitled to continue publishing the article in its current form.

Citation
[2011] EWHC 528
Parties
Claimant: MNB; Defendant: News Group Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
09 March 2011
Procedural Posture
Interim Injunction Application in Privacy Proceedings / Return Date Hearing on Continuation and Scope of Interim Injunction
Outcome
Interim injunction continued; defendant prohibited from further publication of the article in its current form.
Legal Topics
Interim Injunctions, Anonymity Orders, Reporting Restrictions, Article 8 ECHR, Article 10 ECHR, Jigsaw Identification, Open Justice, Public Interest Defence
Privacy Law Media Law Human Rights Interim Injunctions Anonymity Orders Reporting Restrictions Article 8 ECHR Article 10 ECHR +3 more

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Parties

MNB

Claimant

News Group Newspapers Limited

Defendant

Procedural Posture

Interim Injunction Application in Privacy Proceedings / Return Date Hearing on Continuation and Scope of Interim Injunction

Legal Issues

  1. 1 Whether the interim injunction preventing publication of private information about the claimant should be continued
  2. 2 Whether the defendant's article breached the injunction or claimant's privacy rights
  3. 3 Whether the hearing should be held in private or with reporting restrictions

Ratio Decidendi

The court held that the purpose of the original injunction was to prevent publication of information that identified or tended to identify the claimant, including by 'jigsaw identification'. The article published by the defendant contained details falling within this category. There was no sufficient public interest to justify publication, and the claimant was likely to succeed at trial in obtaining an order in the same or similar terms. The interim injunction was continued, and the defendant was not entitled to continue publishing the article in its current form.

Court Disposition

Interim injunction continued; defendant prohibited from further publication of the article in its current form.

Orders

  • Continuation of the interim injunction prohibiting publication of information identifying or tending to identify the claimant or concerning the subject matter of the proceedings, except as contained in the order or public judgment.
  • Defendant prohibited from further publication of the article in its current form; precise terms of the order to be determined after hearing the parties.