Pattinson v Winsor [2024] EWHC 606 (KB) (16 February 2024)
The interim injunction is continued because the claimant is likely to succeed at trial in showing that the defendant's communications amount to harassment, the allegations are plainly false and unsupported by evidence, and the balance of convenience favours continuation of the injunction. The defendant's Article 10 rights are outweighed by the need to prevent harassment and protect the claimant's reputation.
- Citation
- [2024] EWHC 606 (KB)
- Parties
- Claimant: Timothy Robert Hull Pattinson; Defendant: Robert Ian Winsor
- Jurisdiction
- England and Wales
- Judgment Date
- 16 February 2024
- Procedural Posture
- Interim Injunction Application (return Date) / Return Date Hearing Following Without Notice Interim Injunction
- Outcome
- Interim injunction continued
- Legal Topics
- Interim Injunctions, Harassment, Freedom of Expression, Bankruptcy, Defamation
Case Brief
Summary, issues, holding and outcome
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Parties
Timothy Robert Hull Pattinson
Claimant
Robert Ian Winsor
Defendant
Procedural Posture
Interim Injunction Application (return Date) / Return Date Hearing Following Without Notice Interim Injunction
Legal Issues
- 1 Whether the interim injunction against the defendant should be continued
- 2 Whether the defendant's communications amount to harassment
- 3 Whether the defendant's allegations against the claimant are supported by evidence
Ratio Decidendi
The interim injunction is continued because the claimant is likely to succeed at trial in showing that the defendant's communications amount to harassment, the allegations are plainly false and unsupported by evidence, and the balance of convenience favours continuation of the injunction. The defendant's Article 10 rights are outweighed by the need to prevent harassment and protect the claimant's reputation.
Court Disposition
Interim injunction continued
Orders
- The interim injunction granted on 2 February 2024 is continued against the defendant.
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