HXZ v NMX [2025] EWHC 916 (KB) (14 April 2025)
The court found that the Claimant is likely to establish at trial a reasonable expectation of privacy in the protected information and that the Defendant's conduct amounts to harassment. The balance of convenience and proportionality favoured continuation of the injunction, mandatory orders for destruction of images and deletion of certain posts, and restrictions on court file access. The Defendant's Article 10 rights were outweighed by the Claimant's privacy rights given the nature and context of the disclosures and threats.
- Citation
- [2025] EWHC 916 (KB)
- Parties
- Claimant: HXZ; Defendant: NMX
- Jurisdiction
- England and Wales
- Judgment Date
- 14 April 2025
- Procedural Posture
- Interim Injunction (privacy and Harassment) / Return Date Hearing Before Trial
- Outcome
- Interim injunction continued until trial; mandatory orders granted in part; extension of time granted.
- Legal Topics
- Misuse of Private Information, Interim Injunctions, Anonymity Orders, Harassment, Mandatory Injunctions, Social Media Publication, Open Justice, Destruction of Evidence
Case Brief
Summary, issues, holding and outcome
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Parties
HXZ
Claimant
NMX
Defendant
Procedural Posture
Interim Injunction (privacy and Harassment) / Return Date Hearing Before Trial
Legal Issues
- 1 Whether to continue the interim injunction restraining misuse of private information and harassment
- 2 Whether to order destruction/delivery up of naked images
- 3 Whether to order deletion of social media posts
Ratio Decidendi
The court found that the Claimant is likely to establish at trial a reasonable expectation of privacy in the protected information and that the Defendant's conduct amounts to harassment. The balance of convenience and proportionality favoured continuation of the injunction, mandatory orders for destruction of images and deletion of certain posts, and restrictions on court file access. The Defendant's Article 10 rights were outweighed by the Claimant's privacy rights given the nature and context of the disclosures and threats.
Court Disposition
Interim injunction continued until trial; mandatory orders granted in part; extension of time granted.
Orders
- Continuation of interim injunction restraining misuse of private information and harassment until trial
- Order for Defendant to provide list and deliver up all naked images of Claimant and delete her own copies
Full Case Text
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