Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'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
Resolution issues Brexit notes for family lawyers ahead of IP completion day
Family lawyer organisation, Resolution, has issued two joint notes to assist family lawyers in England and Wales ahead of the end of the Brexit transition/implementation period at 11 pm on 31 December...
Online filing is real-time on New Year's Eve: practice direction change to accommodate EU withdrawal arrangements
I have heard that there will be an amendment to the relevant practice directions to provide that online applications received on New Year’s Eve after 4:30 PM and before 11:00 PM will count as...
Northamptonshire Healthcare NHS Foundation Trust v AB
The issue in this case concerned AB’s capacity to make specific decisions about treatment relating to her anorexia nervosa. She was 28 years old and had suffered with anorexia since the age of...
EU laws continue until at least 2038 and beyond
The UK left the EU on 31 January 2020.  But in matters of law it fully leaves on 31 December 2020.  But EU laws will continue to apply, and be applied, in the English family courts from 1...
Remote hearings in family proceedings – how is justice perceived?
The motion for the recent Kingsley Napley debate:  “This House believes remote hearings are not remotely fair” was carried with a fairly balanced 56% in favour and 44% against....
View all articles
Authors

PUBLICITY: X and Y v Person or Persons who have offered and/or provided to the publishers of the Mail on Sunday, Mirror and Sun newspapers information about the status of the claimants marriage [2006] EWHC 2783 (QB)

Sep 29, 2018, 17:38 PM
Slug : x-and-y-v-person-or-persons-who-have-offered-and-or-provided-to-the-publishers-of-the-mail-on-sunday-mirror-and-sun-newspapers-information-about-the-status-of-the-claimants-marriage-2006-ewhc-2783-qb
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Nov 8, 2006, 04:33 AM
Article ID : 89011

(Queen's Bench Division; Eady J; 8 November 2006)

An order against persons unknown" had been granted, following an ex parte application, designed to prevent the further dissemination of allegations about the state of the claimants' marriage, information said to be inherently confidential in character and subject to a duty of confidence. The newspapers sought the discharge or modification of the injunction on the basis that the order was framed too widely or imprecisely, and that the order did not contain a public domain proviso. It was also claimed that the claimants were not entitled to protection, either because they had by their own media disclosures forfeited any right to privacy, or because by their failure to disclose all their previous dealings with the media they had forfeited the right to injunctive relief.

There was no doubt that most people would regard the sort of information at issue as confidential; it had not been established that this particular couple were entitled to any less privacy or confidence than the general run of married couples. A distinction was to be drawn between matters naturally accessible to outsiders and those known only to the protagonists; separation would not normally be a piece of private information, whereas private incompatibilities or disputes which might have contributed to breakdown would be. It was possible to limit the scope of such an order by attaching a confidential schedule containing the specific allegations said to be private in character which it was believed would be made public unless the injunction were granted. An applicant seeking ex parte injunctive relief had to take all practical steps to reveal material which was reasonably likely to assist the respondent's probable defence at trial; this was not the same as having to dredge up everything about the claimant in the public domain. The court had to be supplied with as complete a picture as possible of the knowledge of the applicants and their advisers, rather than being given general reassurance relying on possibly partisan or incomplete information. The applicant's advocate should make a conscientious determination, in the light of the information obtained, as to which points he or she would wish to make if instructed to represent media defendants on the other side. Any such injunction should include a public domain proviso; such a term could not be implied.

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