PJS v News Group Newspapers Ltd [2016] EWCA Civ 393 (18 April 2016)

PJS v News Group Newspapers Ltd [2016] EWCA Civ 393 (18 April 2016)

The injunction restraining publication must be set aside because knowledge of the relevant matters is now so widespread that confidentiality has probably been lost, much of the harm has already occurred, and the weight attaching to the claimant's article 8 right to privacy has reduced. The claimant is not likely to obtain a permanent injunction at trial, and the court should not make ineffective orders banning publication of information that is common knowledge.

Citation
[2016] EWCA Civ 393
Parties
Appellant: PJS; Respondent: News Group Newspapers Ltd
Jurisdiction
England and Wales
Judgment Date
18 April 2016
Procedural Posture
Application to Set Aside Interim Injunction / Court of Appeal Judgment
Outcome
Application to discharge injunction allowed; injunction set aside.
Legal Topics
Interim Injunctions, Misuse of Private Information, Breach of Confidence, Freedom of Expression, Article 8 ECHR, Article 10 ECHR, Public Domain
Media Law Privacy Law Human Rights Interim Injunctions Misuse of Private Information Breach of Confidence Freedom of Expression Article 8 ECHR +2 more

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Parties

PJS

Appellant

News Group Newspapers Ltd

Respondent

Procedural Posture

Application to Set Aside Interim Injunction / Court of Appeal Judgment

Legal Issues

  1. 1 Whether interim injunction restraining publication should be set aside due to widespread public dissemination of protected information
  2. 2 Whether claimant is likely to obtain a permanent injunction at trial under section 12 Human Rights Act 1998

Ratio Decidendi

The injunction restraining publication must be set aside because knowledge of the relevant matters is now so widespread that confidentiality has probably been lost, much of the harm has already occurred, and the weight attaching to the claimant's article 8 right to privacy has reduced. The claimant is not likely to obtain a permanent injunction at trial, and the court should not make ineffective orders banning publication of information that is common knowledge.

Court Disposition

Application to discharge injunction allowed; injunction set aside.

Orders

  • Injunction restraining publication of information identified in the confidential schedule to the order dated 22nd January 2016 is set aside.
  • Documents on the court file, including the unredacted judgment of 22nd January 2016, remain confidential for the time being.