Wan-Bissaka & Anor v Bentley

Wan-Bissaka & Anor v Bentley

The First Claimant is likely to succeed at trial in restraining publication of private information relating to his former relationship with the Defendant, as there is no public interest in disclosure and the Article 8 rights to privacy outweigh any competing interests. The harassment claim does not meet the threshold for seriousness and is unlikely to succeed at this stage.

Parties
First Claimant: Aaron Wan-Bissaka; Second Claimant: Avril (Wan-Bissaka's partner); Defendant: Rhianna Bentley
Jurisdiction
England and Wales
Judgment Date
09 November 2020
Procedural Posture
Civil Interim Injunction / Interim Application for Injunction
Outcome
Interim injunction granted in part
Legal Topics
Misuse of Private Information, Breach of Confidence, Harassment, Interim Injunctions
Privacy Law Media Law Civil Procedure Misuse of Private Information Breach of Confidence Harassment Interim Injunctions

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Parties

Aaron Wan-Bissaka

First Claimant

Avril (Wan-Bissaka's partner)

Second Claimant

Rhianna Bentley

Defendant

Procedural Posture

Civil Interim Injunction / Interim Application for Injunction

Legal Issues

  1. 1 Whether the Defendant should be restrained by interim injunction from publishing private information relating to the First Claimant
  2. 2 Whether the Defendant's conduct amounts to harassment under the Protection from Harassment Act 1997
  3. 3 Whether the Claimants are likely to succeed at trial in restraining publication of private information

Ratio Decidendi

The First Claimant is likely to succeed at trial in restraining publication of private information relating to his former relationship with the Defendant, as there is no public interest in disclosure and the Article 8 rights to privacy outweigh any competing interests. The harassment claim does not meet the threshold for seriousness and is unlikely to succeed at this stage.

Court Disposition

Interim injunction granted in part

Orders

  • Defendant restrained for 3 weeks from publishing private information relating to the First Claimant's former relationship with her, including messages and photographs.
  • Claim Form to be issued and served forthwith, and in any event by midday the following day.