Allen v The Grimsby Telegrph & Anor

The claim was struck out because it was procedurally flawed, lacked a cause of action, and no basis for an anonymity order was justified given the public interest and claimant's breach of SOPO.

Parties: Claimant: Gary Arthur Allen; Defendant: The Grimsby Telegraph; Interested Party: The Chief Constable of Humberside Police
Jurisdiction: England and Wales
Judgment Date: 02 March 2011
Procedural Posture: Civil / Judgment on Application to Strike Out Claim
Outcome: Claim struck out; proceedings dismissed.
Legal Topics: Anonymity Orders, Sexual Offences Prevention Orders, Contempt of Court, Freedom of Expression, Privacy

Media Law Criminal Law Human Rights Anonymity Orders Sexual Offences Prevention Orders Contempt of Court Freedom of Expression Privacy

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 1

Parties

Gary Arthur Allen

Claimant

The Grimsby Telegraph

Defendant

The Chief Constable of Humberside Police

Interested Party

Procedural Posture

Civil / Judgment on Application to Strike Out Claim

Legal Issues

1 Whether an injunction prohibiting publication of claimant's name is justified
2 Whether anonymity order should be granted in SOPO proceedings
3 Whether articles published breached postponement order under s.4(2) of Contempt of Court Act 1981

Ratio Decidendi

The claim was struck out because it was procedurally flawed, lacked a cause of action, and no basis for an anonymity order was justified given the public interest and claimant's breach of SOPO.

Court Disposition

Claim struck out; proceedings dismissed.

Orders

Earlier orders under s.4(2) and s.11 of Contempt of Court Act 1981 discharged forthwith.
Claimant to pay defendant’s costs assessed at £5,250, not to be enforced without further court order.