TUV v Persons Unknown

TUV v Persons Unknown

The interim injunction is continued as the applicant's rights to privacy and copyright outweigh any conceivable countervailing interest. Written undertakings from third parties served with documents are appropriate to protect confidentiality. There is no blanket obligation to notify all media third parties in advance; notification is only required for those believed to have an interest in the material.

Parties
Applicant: TUV; Respondent(s): Person or Persons Unknown
Jurisdiction
England and Wales
Judgment Date
22 April 2010
Procedural Posture
Civil / Return Date Hearing Following Ex Parte Interim Injunction
Outcome
Interim injunction continued until trial or further order; procedural directions given.
Legal Topics
Interim Injunctions, Anonymity Orders, Disclosure to Third Parties, Prior Notification to Media, Article 8 ECHR, Article 10 ECHR
Privacy Copyright 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

Person or Persons Unknown

Respondent(s)

Procedural Posture

Civil / Return Date Hearing Following Ex Parte Interim Injunction

Legal Issues

  1. 1 Whether to continue interim injunction restraining use of stolen information and copyright material
  2. 2 Whether to require written undertakings from third parties served with court documents
  3. 3 Whether there is an obligation to give prior notification to all media third parties before serving them with the order

Ratio Decidendi

The interim injunction is continued as the applicant's rights to privacy and copyright outweigh any conceivable countervailing interest. Written undertakings from third parties served with documents are appropriate to protect confidentiality. There is no blanket obligation to notify all media third parties in advance; notification is only required for those believed to have an interest in the material.

Court Disposition

Interim injunction continued until trial or further order; procedural directions given.

Orders

  • Continuation of restrictions on dealing with, using, or communicating information or copyright material from stolen goods.
  • Extension of time for service of claim form until 21 days after identification of respondents.