Kerner v WX & Anor [2015] EWHC 1247 (QB) (06 May 2015)

Kerner v WX & Anor [2015] EWHC 1247 (QB) (06 May 2015)

The evidence justifies continuation of the injunction to protect the claimant and her son from harassment, and the statutory and procedural requirements for disclosure by DVLA are met; the court orders DVLA to disclose the identity and contact details of the registered keeper of the relevant vehicle to claimant's solicitors.

Citation
[2015] EWHC 1247
Parties
Claimant: Katharine Elizabeth Kerner; Protected Person: Jack Robert Michael Kerner; Defendant: WX; Defendant: YZ; Third Party: DVLA
Jurisdiction
England and Wales
Judgment Date
06 May 2015
Procedural Posture
Injunction Application (harassment, Privacy) / Post Interim Injunction, Application for Directions and Disclosure
Outcome
Application granted
Legal Topics
Injunctions Against Persons Unknown, Disclosure Orders Against Third Parties, Harassment by Media, Balancing Privacy and Freedom of Expression
Civil Procedure Privacy Law Harassment Media Law Injunctions Against Persons Unknown Disclosure Orders Against Third Parties Harassment by Media Balancing Privacy and Freedom of Expression

Case Brief

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Parties

Katharine Elizabeth Kerner

Claimant

Jack Robert Michael Kerner

Protected Person

WX

Defendant

YZ

Defendant

DVLA

Third Party

Procedural Posture

Injunction Application (harassment, Privacy) / Post Interim Injunction, Application for Directions and Disclosure

Legal Issues

  1. 1 Whether to continue injunction protecting claimant and her son from harassment by media
  2. 2 Whether to order DVLA to disclose identity of registered keeper of vehicle used by alleged harassers

Ratio Decidendi

The evidence justifies continuation of the injunction to protect the claimant and her son from harassment, and the statutory and procedural requirements for disclosure by DVLA are met; the court orders DVLA to disclose the identity and contact details of the registered keeper of the relevant vehicle to claimant's solicitors.

Court Disposition

Application granted

Orders

  • DVLA to disclose to claimant's solicitors the identity and contact details of the registered keeper of the Ford Galaxy within 28 days
  • Injunction of 29 January 2015 to continue until trial or further order