COS v PER & Anor [2021] EWHC 475 (QB) (03 March 2021)

The claimant is likely to succeed at trial in establishing that publication of the information should not be allowed, given the reasonable expectation of privacy, imminent threat of disclosure, and lack of any compelling Article 10 argument from the defendants; the flexible approach to s.12(3) applies due to the serious consequences and urgency.

Citation: [2021] EWHC 475
Parties: Claimant: COS; Defendant: PER; Defendant: PHO
Jurisdiction: England and Wales
Judgment Date: 03 March 2021
Procedural Posture: Interim Injunction Application / Out of Hours Hearing; Pre Trial
Outcome: Interim injunction granted until return date
Legal Topics: Interim Injunction, Misuse of Private Information, Article 8 ECHR, Article 10 ECHR, Protection From Harassment Act 1997

Privacy Harassment Human Rights Interim Injunction Misuse of Private Information Article 8 ECHR Article 10 ECHR Protection From Harassment Act 1997

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Parties

COS

Claimant

PER

Defendant

PHO

Defendant

Procedural Posture

Interim Injunction Application / Out of Hours Hearing; Pre Trial

Legal Issues

1 Whether the claimant is entitled to an interim injunction restraining publication of private information
2 Whether the claimant has a reasonable expectation of privacy
3 Whether the balance between Article 8 and Article 10 ECHR rights justifies the injunction

Ratio Decidendi

Court Disposition

Interim injunction granted until return date

Orders

Defendants restrained from publishing private information and other information detrimental to the claimant
Defendants ordered to remove a particular video from the internet