John v Associated Newspapers Ltd. [2006] EWHC 1611 (QB) (23 June 2006)

John v Associated Newspapers Ltd. [2006] EWHC 1611 (QB) (23 June 2006)

The applicant failed to establish that he was more likely than not to succeed at trial in obtaining an injunction, as there was no reasonable expectation of privacy in being photographed in a public street outside his home, and the circumstances did not justify a lower threshold for interim relief. The informational content of the photograph was not of a private nature, and there was no evidence of harassment or exceptional intrusion.

Citation
[2006] EWHC 1611 (QB)
Parties
Applicant: Sir Elton John; Respondent: Associated Newspapers Ltd
Jurisdiction
England and Wales
Judgment Date
23 June 2006
Procedural Posture
Application for Interim Injunction / High Court, Queen's Bench Division, Decision on Interim Relief and Permission to Appeal
Outcome
Application for interim injunction refused; permission to appeal refused; interim injunction pending appeal refused; costs awarded to respondent, summary assessment at £6,000.
Legal Topics
Interim Injunctions, Breach of Confidence, Reasonable Expectation of Privacy, Article 8 ECHR (right to Privacy), Article 10 ECHR (freedom of Expression), Prior Restraint, Photographs of Public Figures
Media Law Privacy Law Human Rights Interim Injunctions Breach of Confidence Reasonable Expectation of Privacy Article 8 ECHR (right to Privacy) Article 10 ECHR (freedom of Expression) +2 more

Case Brief

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Parties

Sir Elton John

Applicant

Associated Newspapers Ltd

Respondent

Procedural Posture

Application for Interim Injunction / High Court, Queen's Bench Division, Decision on Interim Relief and Permission to Appeal

Legal Issues

  1. 1 Whether the applicant is more likely than not to succeed at trial in obtaining an injunction restraining publication of a photograph on grounds of privacy or breach of confidence
  2. 2 Whether the circumstances justify a lesser threshold for interim relief under section 12(3) of the Human Rights Act 1998
  3. 3 Whether there is a reasonable expectation of privacy in the circumstances of the photograph

Ratio Decidendi

The applicant failed to establish that he was more likely than not to succeed at trial in obtaining an injunction, as there was no reasonable expectation of privacy in being photographed in a public street outside his home, and the circumstances did not justify a lower threshold for interim relief. The informational content of the photograph was not of a private nature, and there was no evidence of harassment or exceptional intrusion.

Court Disposition

Application for interim injunction refused; permission to appeal refused; interim injunction pending appeal refused; costs awarded to respondent, summary assessment at £6,000.

Orders

  • Refusal of interim injunction restraining publication of the photograph
  • Refusal of permission to appeal