Middleton & Anor v Person Or Persons Unknown [2016] EWHC 2354 (QB) (28 September 2016)

Middleton & Anor v Person Or Persons Unknown [2016] EWHC 2354 (QB) (28 September 2016)

The claimants are likely to establish at trial that publication of the information should not be allowed, as the material was obtained by unlawful access to a private iCloud account, constituting a misuse of private information and other actionable wrongs. The statutory criteria for interim relief under s 12 Human Rights Act 1998 are met. The balance of rights strongly favours the claimants' Article 8 rights over any potential Article 10 rights of the defendants.

Citation
[2016] EWHC 2354 (QB)
Parties
Claimant: Pippa Middleton; Claimant: James Matthews; Defendant: Person Unknown or Persons Unknown
Jurisdiction
England and Wales
Judgment Date
28 September 2016
Procedural Posture
Interim Injunction Application / Return Date Hearing for Continuation and Variation of Interim Injunction
Outcome
Application granted
Legal Topics
Misuse of Private Information, Breach of Confidence, Copyright Infringement, Data Protection Act 1998, Interim Injunctions, Persons Unknown Defendants
Privacy Law Media Law Intellectual Property Law Data Protection Misuse of Private Information Breach of Confidence Copyright Infringement Data Protection Act 1998 +2 more

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Parties

Pippa Middleton

Claimant

James Matthews

Claimant

Person Unknown or Persons Unknown

Defendant

Procedural Posture

Interim Injunction Application / Return Date Hearing for Continuation and Variation of Interim Injunction

Legal Issues

  1. 1 Whether to continue and broaden an interim injunction restraining use, publication, or disclosure of information derived from the claimant's iCloud account
  2. 2 Whether an injunction can be granted against persons unknown
  3. 3 Whether the statutory criteria under s 12 Human Rights Act 1998 are met

Ratio Decidendi

The claimants are likely to establish at trial that publication of the information should not be allowed, as the material was obtained by unlawful access to a private iCloud account, constituting a misuse of private information and other actionable wrongs. The statutory criteria for interim relief under s 12 Human Rights Act 1998 are met. The balance of rights strongly favours the claimants' Article 8 rights over any potential Article 10 rights of the defendants.

Court Disposition

Application granted

Orders

  • Continuation and broadening of interim injunction restraining use, publication, offer for sale, or disclosure of any information derived from the First Claimant's iCloud account until trial or further order
  • Extension of time for service of the Claim Form to 28 October 2016