MJN v News Group Newspapers Ltd

MJN v News Group Newspapers Ltd

The claimant is likely to establish a reasonable expectation of privacy in the information sought to be restrained, and there is no public interest justification for its publication. The balance of rights under Article 8 and Article 10 is struck in favour of the claimant, justifying continuation of the interim injunction with agreed variations.

Parties
Claimant: MJN; Defendant: News Group Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
11 May 2011
Procedural Posture
Civil / Interim Injunction Return Date Hearing
Outcome
Application granted
Legal Topics
Interim Injunctions, Anonymity Orders, Balancing Article 8 and Article 10 Rights, Prior Restraint, Open Justice
Privacy Law Media Law Human Rights Interim Injunctions Anonymity Orders Balancing Article 8 and Article 10 Rights Prior Restraint Open Justice

Case Brief

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Parties

MJN

Claimant

News Group Newspapers Limited

Defendant

Procedural Posture

Civil / Interim Injunction Return Date Hearing

Legal Issues

  1. 1 Whether the claimant is likely to establish a reasonable expectation of privacy in the information sought to be restrained
  2. 2 Whether there is any public interest justification for publication of the information
  3. 3 Whether an interim injunction restraining publication should be continued

Ratio Decidendi

The claimant is likely to establish a reasonable expectation of privacy in the information sought to be restrained, and there is no public interest justification for its publication. The balance of rights under Article 8 and Article 10 is struck in favour of the claimant, justifying continuation of the interim injunction with agreed variations.

Court Disposition

Application granted

Orders

  • Continuation of the interim injunction restraining publication of information identifying or tending to identify the claimant, or containing sexual or salacious details, until trial or further order
  • Variation of the order to clarify that prohibition on publication of photographs or video applies only if such images relate to or identify the claimant in the context of the relationship