Goodwin v NGN Ltd [2011] EWHC 1437 (QB) (09 June 2011)

Goodwin v NGN Ltd [2011] EWHC 1437 (QB) (09 June 2011)

VBN has a reasonable expectation of privacy regarding her identity as a party to a sexual relationship with Sir Fred Goodwin. There is insufficient evidence of any actual conflict of interest or breach of corporate governance to justify publication of her identity. The public interest advanced by NGN does not outweigh VBN's Article 8 rights. The injunction restraining publication of VBN's identity is to be maintained.

Citation
[2011] EWHC 1437
Parties
Claimant: Sir Frederick Goodwin; Defendant: NGN Ltd; Interested Party: VBN
Jurisdiction
England and Wales
Judgment Date
09 June 2011
Procedural Posture
Application to Vary Injunction in Privacy Proceedings / Interim Application Hearing
Outcome
Application to vary injunction refused; injunction maintained.
Legal Topics
Reasonable Expectation of Privacy, Public Interest Defence, Article 8 ECHR, Article 10 ECHR, Interim Injunctions, Balancing of Rights, Confidential Information
Privacy Law Media Law Human Rights Reasonable Expectation of Privacy Public Interest Defence Article 8 ECHR Article 10 ECHR Interim Injunctions +2 more

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Parties

Sir Frederick Goodwin

Claimant

NGN Ltd

Defendant

VBN

Interested Party

Procedural Posture

Application to Vary Injunction in Privacy Proceedings / Interim Application Hearing

Legal Issues

  1. 1 Whether VBN has a reasonable expectation of privacy regarding her identity as party to a sexual relationship with Sir Fred Goodwin
  2. 2 Whether the public interest justifies publication of VBN's identity
  3. 3 Whether the injunction restraining publication of VBN's identity should be varied

Ratio Decidendi

VBN has a reasonable expectation of privacy regarding her identity as a party to a sexual relationship with Sir Fred Goodwin. There is insufficient evidence of any actual conflict of interest or breach of corporate governance to justify publication of her identity. The public interest advanced by NGN does not outweigh VBN's Article 8 rights. The injunction restraining publication of VBN's identity is to be maintained.

Court Disposition

Application to vary injunction refused; injunction maintained.

Orders

  • The injunction restraining publication of any information identifying or tending to identify VBN as the person alleged to have had a relationship with Sir Fred Goodwin is continued.
  • No order permitting publication of VBN's identity is granted.