1999/199 - Le Main v Eves [1999] UR 199 (17 November 1999)

1999/199 - Le Main v Eves [1999] UR 199 (17 November 1999)

The injunction is maintained because the Defendant has admitted that most of the statements are factually incorrect and cannot be justified. The balance between freedom of expression and the need for fair elections weighs in favour of maintaining the injunction, except for two paragraphs where justification may be possible.

Citation
[1999] UR 199
Parties
Plaintiff: Plaintiff (Deputy Terence John Le Main); Defendant: Defendant (Mr Eves)
Jurisdiction
Jersey
Judgment Date
17 November 1999
Procedural Posture
Interim Injunction Application / Hearing on Application to Lift or Vary Interim Injunction
Outcome
interim injunction maintained with exceptions
Legal Topics
Interim Injunctions, Freedom of Expression, Defamation, Public Interest, Election Conduct
Civil Procedure Defamation Election Law Interim Injunctions Freedom of Expression Public Interest Election Conduct

Case Brief

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Parties

Plaintiff (Deputy Terence John Le Main)

Plaintiff

Defendant (Mr Eves)

Defendant

Procedural Posture

Interim Injunction Application / Hearing on Application to Lift or Vary Interim Injunction

Legal Issues

  1. 1 Whether the interim injunction restraining the Defendant from making certain statements about the Plaintiff should be lifted or varied
  2. 2 Whether the statements complained of are capable of justification or are factually incorrect
  3. 3 Whether the public interest and freedom of expression outweigh the need for the injunction in the context of an election

Ratio Decidendi

The injunction is maintained because the Defendant has admitted that most of the statements are factually incorrect and cannot be justified. The balance between freedom of expression and the need for fair elections weighs in favour of maintaining the injunction, except for two paragraphs where justification may be possible.

Court Disposition

interim injunction maintained with exceptions

Orders

  • The interim injunction against the Defendant is maintained except in respect of paragraphs D and G of the letter, where the injunction is not continued.