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

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

The court held that VBN had a reasonable expectation of privacy regarding her identity as the person alleged to have had a sexual relationship with Sir Fred Goodwin. The evidence did not establish any actual conflict of interest or breach of corporate governance, nor any necessity for disclosure under the RBS Code. The public interest in publication did not outweigh the Article 8 rights of VBN, as there was no evidence of wrongdoing or impact on RBS operations. Accordingly, the injunction restraining publication of VBN's identity was maintained.

Citation
[2011] EWHC 1437 (QB)
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 / Interlocutory Application
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 Privacy and Expression, Corporate Governance and Privacy
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 / Interlocutory Application

Legal Issues

  1. 1 Whether the claimant and interested party have a reasonable expectation of privacy regarding their sexual relationship
  2. 2 Whether the public interest justifies publication of the interested party's identity
  3. 3 Whether the injunction restraining publication of the interested party's identity should be varied

Ratio Decidendi

The court held that VBN had a reasonable expectation of privacy regarding her identity as the person alleged to have had a sexual relationship with Sir Fred Goodwin. The evidence did not establish any actual conflict of interest or breach of corporate governance, nor any necessity for disclosure under the RBS Code. The public interest in publication did not outweigh the Article 8 rights of VBN, as there was no evidence of wrongdoing or impact on RBS operations. Accordingly, the injunction restraining publication of VBN's identity was 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 sexual relationship with Sir Fred Goodwin is continued.
  • No order permitting publication of VBN's identity is granted.