Jagwani v Alles

Jagwani v Alles

The claimant's evidence does not establish that the defendant's conduct reaches the threshold of seriousness required for harassment under the Protection from Harassment Act 1997, nor does it demonstrate exceptional circumstances justifying restriction of freedom of expression under section 12(3) of the Human Rights Act 1998. Therefore, the application for an interim injunction is refused.

Parties
Claimant: Kabir Kumar Manohar Jagwani; Defendant: Poonam Joshi Alles
Jurisdiction
England and Wales
Judgment Date
30 October 2019
Procedural Posture
Civil / Interim Injunction Application
Outcome
Application refused
Legal Topics
Interim Injunction, Freedom of Expression, Protection From Harassment Act, Defamation, Article 10 ECHR, Article 8 ECHR
Defamation Harassment Human Rights Interim Injunction Freedom of Expression Protection From Harassment Act Article 10 ECHR Article 8 ECHR

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Parties

Kabir Kumar Manohar Jagwani

Claimant

Poonam Joshi Alles

Defendant

Procedural Posture

Civil / Interim Injunction Application

Legal Issues

  1. 1 Whether the claimant is likely to establish that publication by the defendant should not be allowed under section 12(3) of the Human Rights Act 1998
  2. 2 Whether the defendant's conduct amounts to harassment under the Protection from Harassment Act 1997
  3. 3 Whether there are exceptional circumstances justifying restriction of freedom of expression

Ratio Decidendi

The claimant's evidence does not establish that the defendant's conduct reaches the threshold of seriousness required for harassment under the Protection from Harassment Act 1997, nor does it demonstrate exceptional circumstances justifying restriction of freedom of expression under section 12(3) of the Human Rights Act 1998. Therefore, the application for an interim injunction is refused.

Court Disposition

Application refused