British Pregnancy Advisory Service v The Person Using the Alias "Pablo Escobar" [2012] EWHC 572 (QB) (12 March 2012)

British Pregnancy Advisory Service v The Person Using the Alias "Pablo Escobar" [2012] EWHC 572 (QB) (12 March 2012)

The claimant was likely to establish at trial that the information was private and confidential, unlawfully obtained, and should not be published. There were compelling reasons not to notify the defendant in advance due to the nature of the attack and risk of further disclosure. The requirements of section 12(2) of the Human Rights Act 1998 were satisfied.

Citation
[2012] EWHC 572
Parties
Claimant: British Pregnancy Advisory Service; Defendant: The Person using the Alias "Pablo Escobar"
Jurisdiction
England and Wales
Judgment Date
12 March 2012
Procedural Posture
Interim Non Disclosure Order Application / Pre Trial, Ex Parte Hearing
Outcome
Interim Non-Disclosure Order granted
Legal Topics
Interim Injunctions, Confidential Information, Cybercrime, Non Disclosure Orders
Privacy Law Information Technology Law Interim Injunctions Confidential Information Cybercrime Non Disclosure Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

British Pregnancy Advisory Service

Claimant

The Person using the Alias "Pablo Escobar"

Defendant

Procedural Posture

Interim Non Disclosure Order Application / Pre Trial, Ex Parte Hearing

Legal Issues

  1. 1 Whether the claimant's confidential information was unlawfully obtained and at risk of disclosure
  2. 2 Whether an interim non-disclosure order should be granted without notice to the defendant

Ratio Decidendi

The claimant was likely to establish at trial that the information was private and confidential, unlawfully obtained, and should not be published. There were compelling reasons not to notify the defendant in advance due to the nature of the attack and risk of further disclosure. The requirements of section 12(2) of the Human Rights Act 1998 were satisfied.

Court Disposition

Interim Non-Disclosure Order granted

Orders

  • Defendant restrained from using or disclosing the unlawfully obtained information for a short period to allow police investigation and claimant notification of affected parties.