Cushnahan v British Broadcasting Corporation & Anor [2017] NIQB 30 (10 March 2017)

Cushnahan v British Broadcasting Corporation & Anor [2017] NIQB 30 (10 March 2017)

Plaintiff has not satisfied the court that he will probably succeed at trial in establishing BBC is a public authority for journalism/editorial purposes, nor that further broadcasts would constitute contempt or breach Article 6 ECHR. The claim is, in substance, for protection of reputation and improperly seeks to circumvent defamation rules. No interlocutory injunction is justified; reporting restriction order not maintained.

Citation
[2017] NIQB 30
Parties
Plaintiff: Francis Cushnahan; First Defendant: British Broadcasting Corporation; Second Defendant: Jeremy Adams
Jurisdiction
Northern Ireland
Judgment Date
10 March 2017
Procedural Posture
Civil Application for Interlocutory Injunction and Strike Out / Interlocutory Hearing
Outcome
Application for interlocutory injunction refused; action struck out as abuse of process.
Legal Topics
Interlocutory Injunctions, Freedom of Expression, Article 6 ECHR, Strict Liability Contempt, Misuse of Private Information, Protection From Harassment, Data Protection Act 1998, Reporting Restriction Orders, Defamation, Public Authority Status Under HRA
Media Law Human Rights Law Contempt of Court Privacy Law Data Protection Interlocutory Injunctions Freedom of Expression Article 6 ECHR +7 more

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Parties

Francis Cushnahan

Plaintiff

British Broadcasting Corporation

First Defendant

Jeremy Adams

Second Defendant

Procedural Posture

Civil Application for Interlocutory Injunction and Strike Out / Interlocutory Hearing

Legal Issues

  1. 1 Whether the BBC's further broadcasts would constitute contempt of court or breach Article 6 ECHR rights
  2. 2 Whether the BBC is a public authority for HRA purposes in its journalism
  3. 3 Whether the plaintiff is entitled to an interlocutory injunction under non-defamation causes of action

Ratio Decidendi

Plaintiff has not satisfied the court that he will probably succeed at trial in establishing BBC is a public authority for journalism/editorial purposes, nor that further broadcasts would constitute contempt or breach Article 6 ECHR. The claim is, in substance, for protection of reputation and improperly seeks to circumvent defamation rules. No interlocutory injunction is justified; reporting restriction order not maintained.

Court Disposition

Application for interlocutory injunction refused; action struck out as abuse of process.

Orders

  • Reporting restriction order under section 4(2) Contempt of Court Act 1981 not maintained.
  • No injunction granted against BBC or Jeremy Adams.