Spotlight
Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
Re R (Children) (Control of Court Documents) [2021] EWCA Civ 162
(Court of Appeal (Civil Division), King, Peter Jackson, Elisabeth Laing LJJ, 12 February 2021)Practice and Procedure – Disclosure of court documents – Sexual abuse findings –...
AG v VD [2021] EWFC 9
(Family Court, Cohen J, 04 February 2021) Financial Remedies – Matrimonial and Family Proceedings Act 1984, Part III – Russian divorceThe wife was awarded just under £6m...
Become the new General Editor of The Family Court Practice, the definitive word on family law and procedure
The Family Court Practice (‘The Red Book’) is widely acknowledged as the leading court reference work for all family practitioners and the judiciary. We are currently recruiting a...
SCTS releases new simplified divorce and dissolution forms for Scotland
The Scottish Courts and Tribunals Service (SCTS) has released new simplified divorce and dissolution forms of application. As a result of legislation repealing Council Regulation EC 2201/2003, the...
Welsh Government launches consultation on amendments to adoption regulations
The Welsh Government has launched a consultation on the proposed amendments to the Adoption Agencies (Wales) Regulations 2005 and the Care Planning, Placement and Case Review (Wales) Regulations 2015....
View all articles
Authors

PRIVACY: RST v UVW [2009] EWHC B24 (QB)

Sep 29, 2018, 17:11 PM
Slug : rst-v-uvw-2009-ewhc-b24-qb
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Sep 11, 2009, 04:22 AM
Article ID : 87211

(Queen's Bench Division; Tugendhat J; 11 September 2009)

The man, who had some public reputation, had sexual encounters with a woman for money on two or three occasions. Some 2 years later the woman contacted the man, threatening to disclose the information unless she was paid. A confidential agreement was reached to maintain the privacy of their relationship. Some 8 years later, someone else contacted the man, claiming that the woman had disclosed the relevant details to him, and that these would be published. The man sought a without notice injunction preventing publication. The application was made not in defamation, but in confidence or privacy.

It was established law that no interlocutory injunction would be granted where the defendant was proposing to publish material that might be defamatory but which the defendant was alleging to be true. However, it was not clear whether that rule applied to a case advanced in confidence or privacy.

The court was concerned whether the claim in this case was properly a claim to protect privacy, or a claim brought to protect reputation, otherwise the application came within Human Rights Act 1998, s 12(3), that is that the applicant was likely to establish that the publication should not be allowed, applying the lower threshold test because this was the interlocutory stage. Also there was the question whether a commercial sexual relationship of this kind would be protected under the confidence laws.

Nonetheless, the interlocutory injunction was granted, as it might be important for the court, having regard to the importance of freedom of expression, to decide whether the protection of reputation was a Convention right or not, within European Convention on Human Rights, Art 8. There was also an issue as to whether the existence of the agreement would be enforced, notwithstanding the commercial nature of the original sexual relationship.

Categories :
  • Archive
  • Judgments
Tags :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from