AMP v Persons Unknown

AMP v Persons Unknown

The claimant established a reasonable expectation of privacy in the images and a strong case for harassment. The balance of rights under Articles 8 and 10 ECHR strongly favoured the claimant. The court was satisfied that the claimant was likely to succeed at trial and that interim relief was necessary and proportionate. Anonymity was justified to protect the claimant's interests.

Parties
Claimant: A M P; Defendant: Persons Unknown
Jurisdiction
England and Wales
Judgment Date
20 December 2011
Procedural Posture
Civil / Interim Injunction Application
Outcome
Interim injunction granted
Legal Topics
Interim Injunctions, Anonymity Orders, Bit Torrent Technology, Protection From Harassment, Article 8 ECHR, Article 10 ECHR
Privacy Law Harassment Law Human Rights Interim Injunctions Anonymity Orders Bit Torrent Technology Protection From Harassment Article 8 ECHR +1 more

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Parties

A M P

Claimant

Persons Unknown

Defendant

Procedural Posture

Civil / Interim Injunction Application

Legal Issues

  1. 1 Whether the claimant is entitled to an interim injunction to prevent the transmission, storage, and indexing of private photographic images using BitTorrent technology
  2. 2 Whether the claimant is entitled to anonymity in the proceedings
  3. 3 Whether the dissemination of the images amounts to harassment under the Protection from Harassment Act 1997

Ratio Decidendi

The claimant established a reasonable expectation of privacy in the images and a strong case for harassment. The balance of rights under Articles 8 and 10 ECHR strongly favoured the claimant. The court was satisfied that the claimant was likely to succeed at trial and that interim relief was necessary and proportionate. Anonymity was justified to protect the claimant's interests.

Court Disposition

Interim injunction granted

Orders

  • Persons unknown in possession or control of any part or parts of the files listed in Schedule C who are served with the order shall immediately cease seeding any BitTorrent containing any part or parts of the files listed in Schedule C.
  • Must not upload or transmit to any other person any part or parts of the files listed in Schedule C.