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

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 private information should not be allowed, as she has a reasonable expectation of privacy and the defendants have no credible public interest argument. The imminent threat of publication and the serious consequences justify the grant of an interim injunction without notice, applying a flexible approach to section 12(3) HRA 1998.

Citation
[2021] EWHC 475 (QB)
Parties
Claimant: COS; Defendant: PER; Defendant: PHO
Jurisdiction
England and Wales
Judgment Date
03 March 2021
Procedural Posture
Interim Injunction Application (privacy and Harassment) / Ex Parte Interim Relief, Pre Trial
Outcome
Interim injunction granted
Legal Topics
Interim Injunctions, Misuse of Private Information, Harassment, Article 8 ECHR, Article 10 ECHR, Anonymity Orders
Privacy Law Media Law Human Rights Law Interim Injunctions Misuse of Private Information Harassment Article 8 ECHR Article 10 ECHR +1 more

Case Brief

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Parties

COS

Claimant

PER

Defendant

PHO

Defendant

Procedural Posture

Interim Injunction Application (privacy and Harassment) / Ex Parte Interim Relief, Pre Trial

Legal Issues

  1. 1 Whether the claimant is entitled to an interim injunction restraining publication of private information and harassment
  2. 2 Whether the claimant has a reasonable expectation of privacy in the information at issue
  3. 3 How to balance Article 8 (privacy) and Article 10 (freedom of expression) rights under the ECHR

Ratio Decidendi

The claimant is likely to succeed at trial in establishing that publication of the private information should not be allowed, as she has a reasonable expectation of privacy and the defendants have no credible public interest argument. The imminent threat of publication and the serious consequences justify the grant of an interim injunction without notice, applying a flexible approach to section 12(3) HRA 1998.

Court Disposition

Interim injunction granted

Orders

  • Defendants restrained from publishing or disclosing specified private information about the claimant
  • Defendants ordered to remove a particular video from the internet