TUV v Persons Unknown [2010] EWHC 853 (QB) (22 April 2010)

TUV v Persons Unknown [2010] EWHC 853 (QB) (22 April 2010)

It is appropriate to require undertakings from third parties receiving documents under CPR 25 APD 9.2 to protect the applicant's confidentiality and Article 8 rights, as CPR 31.22 and 32.12 do not apply. There is no blanket obligation to notify all media third parties; notification is only required for those believed to have an actual interest in the material.

Citation
[2010] EWHC 853
Parties
Applicant: TUV; Respondent(s): Persons Unknown
Jurisdiction
England and Wales
Judgment Date
22 April 2010
Procedural Posture
Interim Injunction Application (privacy and Copyright) / Return Date Hearing Following Ex Parte Interim Injunction
Outcome
Interim injunction continued with modifications; undertakings required from third parties; no blanket notification obligation imposed.
Legal Topics
Interim Injunctions, Anonymity Orders, Disclosure to Third Parties, Prior Notification to Media, Article 8 ECHR, Article 10 ECHR
Privacy Law Copyright Law Civil Procedure Interim Injunctions Anonymity Orders Disclosure to Third Parties Prior Notification to Media Article 8 ECHR +1 more

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Parties

TUV

Applicant

Persons Unknown

Respondent(s)

Procedural Posture

Interim Injunction Application (privacy and Copyright) / Return Date Hearing Following Ex Parte Interim Injunction

Legal Issues

  1. 1 Whether to continue interim injunction restraining use/disclosure of stolen private information and copyright material
  2. 2 Whether to require undertakings from third parties receiving court documents under CPR 25 APD 9.2
  3. 3 Whether there is an obligation to give prior notification to all media third parties before serving injunction orders

Ratio Decidendi

It is appropriate to require undertakings from third parties receiving documents under CPR 25 APD 9.2 to protect the applicant's confidentiality and Article 8 rights, as CPR 31.22 and 32.12 do not apply. There is no blanket obligation to notify all media third parties; notification is only required for those believed to have an actual interest in the material.

Court Disposition

Interim injunction continued with modifications; undertakings required from third parties; no blanket notification obligation imposed.

Orders

  • Continuation of principal protection injunction until trial or further order, restraining use, disclosure, or dealing with stolen goods, information, or copyright material.
  • Extension of time for service of claim form until 21 days after identification of respondents.