COS v PER & Anor

COS v PER & Anor

The claimant is likely to succeed at trial in establishing that publication of the information should not be allowed, given her reasonable expectation of privacy, the imminent threat of publication, and the absence of any compelling Article 10 argument from the defendants. The balance of rights favours protection of the claimant's privacy, justifying the interim injunction.

Parties
Claimant: COS; Defendant: PER; Defendant: PHO
Jurisdiction
England and Wales
Judgment Date
03 March 2021
Procedural Posture
Civil / Interim Injunction Application
Outcome
Interim injunction granted
Legal Topics
Interim Injunctions, Misuse of Private Information, Article 8 ECHR, Article 10 ECHR, Protection From Harassment Act 1997
Privacy Law Harassment Human Rights Interim Injunctions Misuse of Private Information Article 8 ECHR Article 10 ECHR Protection From Harassment Act 1997

Case Brief

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Parties

COS

Claimant

PER

Defendant

PHO

Defendant

Procedural Posture

Civil / Interim Injunction Application

Legal Issues

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

Ratio Decidendi

The claimant is likely to succeed at trial in establishing that publication of the information should not be allowed, given her reasonable expectation of privacy, the imminent threat of publication, and the absence of any compelling Article 10 argument from the defendants. The balance of rights favours protection of the claimant's privacy, justifying the interim injunction.

Court Disposition

Interim injunction granted

Orders

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