TSE & Anor v News Group Newspapers Ltd [2011] EWHC 1308 (QB) (23 May 2011)

TSE & Anor v News Group Newspapers Ltd [2011] EWHC 1308 (QB) (23 May 2011)

The claimants have a reasonable expectation of privacy regarding their sexual relationship. There is no evidence or argument of public interest in publication. The balance between Article 8 and Article 10 rights, considering the impact on the claimants and their families, especially children, and the absence of public interest, justifies the grant of an injunction prohibiting publication of the information.

Citation
[2011] EWHC 1308
Parties
Claimant: TSE; Claimant: ELP; Defendant: News Group Newspapers Ltd
Jurisdiction
England and Wales
Judgment Date
23 May 2011
Procedural Posture
Privacy Injunction Application / Interim Injunction Hearing
Outcome
Injunction granted
Legal Topics
Interim Injunctions, Anonymity Orders, Reasonable Expectation of Privacy, Balancing Article 8 and Article 10 Rights, Public Interest Defence, Press Complaints Commission Code
Privacy Law Media Law Human Rights Interim Injunctions Anonymity Orders Reasonable Expectation of Privacy Balancing Article 8 and Article 10 Rights Public Interest Defence +1 more

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Parties

TSE

Claimant

ELP

Claimant

News Group Newspapers Ltd

Defendant

Procedural Posture

Privacy Injunction Application / Interim Injunction Hearing

Legal Issues

  1. 1 Whether the claimants have a reasonable expectation of privacy in relation to their sexual relationship
  2. 2 Whether publication of the information should be prohibited having regard to Article 8 and Article 10 of the ECHR
  3. 3 Whether an injunction should be granted despite some information being in the public domain

Ratio Decidendi

The claimants have a reasonable expectation of privacy regarding their sexual relationship. There is no evidence or argument of public interest in publication. The balance between Article 8 and Article 10 rights, considering the impact on the claimants and their families, especially children, and the absence of public interest, justifies the grant of an injunction prohibiting publication of the information.

Court Disposition

Injunction granted

Orders

  • Prohibition on publication of any information tending to identify the claimants as having had a sexual relationship or affair, or as applicants for the order, except as contained in the public part of the order or this judgment.
  • Anonymity for the claimants maintained.