HXZ v NMX
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 favour continuation of the injunction, destruction/delivery up of naked images, deletion of specified social media posts, restriction of access to court file, and extension of time for service of Particulars of Claim. The Defendant's Article 10 rights do not outweigh the Claimant's privacy rights given the nature and context of the disclosures and threats.
- Parties
- Claimant: HXZ; Defendant: NMX
- Jurisdiction
- England and Wales
- Judgment Date
- 14 April 2025
- Procedural Posture
- Civil / Interlocutory Hearing (return Date)
- Outcome
- Interim injunction continued until trial; Defendant's application to discharge injunction refused; mandatory orders granted as specified.
- Legal Topics
- Misuse of Private Information, Interim Injunctions, Anonymity Orders, Mandatory Injunctions, Social Media Publication, Blackmail, Freedom of Expression, Family Law Overlap
Case Brief
Summary, issues, holding and outcome
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Parties
HXZ
Claimant
NMX
Defendant
Procedural Posture
Civil / Interlocutory Hearing (return Date)
Legal Issues
- 1 Whether the hearing should be in private and anonymity preserved
- 2 Whether the existing injunction should be discharged
- 3 Whether the injunction should be continued
Ratio Decidendi
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 favour continuation of the injunction, destruction/delivery up of naked images, deletion of specified social media posts, restriction of access to court file, and extension of time for service of Particulars of Claim. The Defendant's Article 10 rights do not outweigh the Claimant's privacy rights given the nature and context of the disclosures and threats.
Court Disposition
Interim injunction continued until trial; Defendant's application to discharge injunction refused; mandatory orders granted as specified.
Orders
- Hearing to be held in private; anonymity of parties preserved
- Interim injunction continued in same terms until trial
Full Case Text
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