YXB v TNO (No 2)

YXB v TNO (No 2)

The interim injunction, anonymity order, and reporting restriction must be discharged due to serious and material non-disclosure by the claimant’s representatives, including failure to disclose the true purpose of the meeting with the defendant, the presence of others during the sexual act, and a key text message. The claimant’s privacy claim is weak, not supported by evidence from the claimant, and the blackmail allegation is not made out. It is not just or proportionate to grant fresh orders, save for the conceded protection of images and video material.

Parties
Claimant: YXB; Defendant: TNO
Jurisdiction
England and Wales
Judgment Date
25 March 2015
Procedural Posture
Civil / Interlocutory Application – Return Date for Continuation/discharge of Interim Injunction and Anonymity Orders
Outcome
Interim injunction, anonymity order, and reporting restriction discharged; no fresh orders granted except as conceded for images and video material.
Legal Topics
Misuse of Private Information, Interim Injunctions, Anonymity Orders, Blackmail Allegations, Full and Frank Disclosure, Freedom of Expression, Reporting Restrictions
Privacy Law Media Law Civil Procedure Misuse of Private Information Interim Injunctions Anonymity Orders Blackmail Allegations Full and Frank Disclosure +2 more

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Parties

YXB

Claimant

TNO

Defendant

Procedural Posture

Civil / Interlocutory Application – Return Date for Continuation/discharge of Interim Injunction and Anonymity Orders

Legal Issues

  1. 1 Whether the interim injunction and anonymity orders should be discharged for material non-disclosure
  2. 2 Whether a fresh injunction should be granted restraining disclosure of private information
  3. 3 Whether the defendant blackmailed the claimant

Ratio Decidendi

The interim injunction, anonymity order, and reporting restriction must be discharged due to serious and material non-disclosure by the claimant’s representatives, including failure to disclose the true purpose of the meeting with the defendant, the presence of others during the sexual act, and a key text message. The claimant’s privacy claim is weak, not supported by evidence from the claimant, and the blackmail allegation is not made out. It is not just or proportionate to grant fresh orders, save for the conceded protection of images and video material.

Court Disposition

Interim injunction, anonymity order, and reporting restriction discharged; no fresh orders granted except as conceded for images and video material.

Orders

  • Discharge of interim injunction, anonymity order, and reporting restriction granted by Walker J and continued by Warby J.
  • No fresh injunction or anonymity order granted except for protection of images and video material as conceded by the defendant.