MJN v News Group Newspapers Ltd [2011] EWHC 1192 (QB) (11 May 2011)

MJN v News Group Newspapers Ltd [2011] EWHC 1192 (QB) (11 May 2011)

The claimant is likely to establish at trial a reasonable expectation of privacy in relation to the information sought to be restrained, and there is no public interest or lawful justification for its publication. The balance of rights under Article 8 and Article 10 ECHR strongly favours the claimant, justifying...

Source-derived case information.

Citation
[2011] EWHC 1192 (QB)
Parties
Claimant: MJN; Defendant: News Group Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
11 May 2011
Procedural Posture
Interim Injunction Application / Return Date Hearing for Continuation of Interim Injunction
Outcome
Interim injunction continued until trial or further order, with minor variation to the terms.
Legal Topics
Interim Injunctions, Reasonable Expectation of Privacy, Article 8 ECHR, Article 10 ECHR, Balancing Exercise, Open Justice, Anonymity Orders
Privacy Law Media Law Human Rights Interim Injunctions Reasonable Expectation of Privacy Article 8 ECHR Article 10 ECHR Balancing Exercise +2 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

MJN

Claimant

News Group Newspapers Limited

Defendant

Procedural Posture

Interim Injunction Application / Return Date Hearing for Continuation of Interim Injunction

Legal Issues

  1. 1 Whether the claimant has a reasonable expectation of privacy in respect of the information sought to be restrained
  2. 2 Whether there is any public interest or lawful justification for publication of the information
  3. 3 Whether the balance between Article 8 and Article 10 rights justifies continuation of the injunction

Ratio Decidendi

The claimant is likely to establish at trial a reasonable expectation of privacy in relation to the information sought to be restrained, and there is no public interest or lawful justification for its publication. The balance of rights under Article 8 and Article 10 ECHR strongly favours the claimant, justifying continuation of the injunction with agreed variations.

Court Disposition

Interim injunction continued until trial or further order, with minor variation to the terms.

Orders

  • Continuation of the interim injunction restraining publication of information identifying the claimant or giving sexual/salacious details of the relationship, subject to agreed variation regarding photographs or videos.
  • Order pursuant to CPR 31.22 restricting use and access to confidential schedules and documents by non-parties.