PJS v News Group Newspapers Ltd

PJS v News Group Newspapers Ltd

The claimant is likely to establish at trial that publication should not be allowed because the proposed article would not correct a false image, would not contribute to a public debate, and would cause significant harm to the claimant and his children. The balancing exercise favours the claimant's right to privacy over the newspaper's right to freedom of expression.

Parties
Applicant: PJS; Respondent: News Group Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
22 January 2016
Procedural Posture
Civil Appeal / Appeal Against Refusal of Interim Injunction
Outcome
Appeal allowed
Legal Topics
Interim Injunctions, Freedom of Expression, Right to Privacy, Balancing Competing Rights
Media Law Privacy Law Human Rights Interim Injunctions Freedom of Expression Right to Privacy Balancing Competing Rights

Case Brief

Summary, issues, holding and outcome

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Parties

PJS

Applicant

News Group Newspapers Limited

Respondent

Procedural Posture

Civil Appeal / Appeal Against Refusal of Interim Injunction

Legal Issues

  1. 1 Whether the judge at first instance properly balanced the claimant's Article 8 right to privacy against the defendant's Article 10 right to freedom of expression
  2. 2 Whether the claimant is entitled to an interim injunction restraining publication of private information

Ratio Decidendi

The claimant is likely to establish at trial that publication should not be allowed because the proposed article would not correct a false image, would not contribute to a public debate, and would cause significant harm to the claimant and his children. The balancing exercise favours the claimant's right to privacy over the newspaper's right to freedom of expression.

Court Disposition

Appeal allowed

Orders

  • Interim injunction restraining the defendant from publishing the proposed article until trial or further order