RBT v YLA [2024] EWHC 1855 (KB) (18 July 2024)

RBT v YLA [2024] EWHC 1855 (KB) (18 July 2024)

On the evidence, the Defendant's communications are likely to be found to constitute harassment and blackmail under the Protection from Harassment Act 1997. The threshold for continuation of the interim injunction is met under HRA 1998 s.12(3), as the Claimant is more likely than not to obtain a final injunction at trial. The Defendant's Article 10 rights are outweighed by the Claimant's rights due to the blackmail context. The Defendant's absence was not sufficiently justified to adjourn the hearing.

Citation
[2024] EWHC 1855 (KB)
Parties
Claimant: RBT; Defendant: YLA
Jurisdiction
England and Wales
Judgment Date
18 July 2024
Procedural Posture
Interim Injunction Application (civil Harassment) / Return Date Hearing on Continuation of Interim Injunction Pending Trial
Outcome
Interim injunction continued until trial or further order; costs reserved; application for default judgment not determined.
Legal Topics
Harassment, Interim Injunctions, Blackmail, Freedom of Expression, Protection From Harassment Act 1997, Human Rights Act 1998, Default Judgment
Civil Procedure Tort Law Media Law Harassment Interim Injunctions Blackmail Freedom of Expression Protection From Harassment Act 1997 +2 more

Case Brief

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Parties

RBT

Claimant

YLA

Defendant

Procedural Posture

Interim Injunction Application (civil Harassment) / Return Date Hearing on Continuation of Interim Injunction Pending Trial

Legal Issues

  1. 1 Whether the Defendant's conduct amounts to harassment under the Protection from Harassment Act 1997
  2. 2 Whether the threshold for an interim injunction restraining publication and contact is met under HRA 1998 s.12(3)
  3. 3 Whether the Defendant's conduct constitutes blackmail

Ratio Decidendi

On the evidence, the Defendant's communications are likely to be found to constitute harassment and blackmail under the Protection from Harassment Act 1997. The threshold for continuation of the interim injunction is met under HRA 1998 s.12(3), as the Claimant is more likely than not to obtain a final injunction at trial. The Defendant's Article 10 rights are outweighed by the Claimant's rights due to the blackmail context. The Defendant's absence was not sufficiently justified to adjourn the hearing.

Court Disposition

Interim injunction continued until trial or further order; costs reserved; application for default judgment not determined.

Orders

  • Continuation of interim injunction restraining Defendant from contacting or approaching Claimant, his family, business, or staff, and from publishing or disclosing information about them, with exceptions for legal advice and regulator complaints.
  • Defendant reminded to comply with mandatory orders regarding disclosure and return of information.