Hutcheson v Popdog Ltd and Another: CA 19 Dec 2011

The claimant had obtained an injunction to prevent the defendant publishing private materials regarding him. That injunction had been continued by consent but was no challenged by a third party news publisher.
Held: Leave to appeal was refused. The matter having been settled between the direct parties, it would be wrong to continue them for the benefit of a third party intervener.


Lord Neuberger MR, Etherton, Gross LJJ


[2011] EWCA Civ 1580




England and Wales


CitedAttorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’) HL 13-Oct-1988
Loss of Confidentiality Protection – public domain
A retired secret service employee sought to publish his memoirs from Australia. The British government sought to restrain publication there, and the defendants sought to report those proceedings, which would involve publication of the allegations . .
See AlsoHutcheson (Formerly Known As ‘KGM’) v News Group Newspapers Ltd and Others CA 19-Jul-2011
The claimant appealed against the refusal of a privacy order, protecting his identity in his claim.
Held: The appeal was refused. That Article 8 was ‘engaged’ was not conclusive of the question whether the claimant enjoyed a reasonable . .
AppliedPractice Guidance: Interim Non-Disclosure Orders 20-May-2011
. .
CitedRolls-Royce plc v Unite the Union CA 14-May-2009
The parties disputed whether the inclusion of length of service within a selection matrix for redundancy purposes would amount to unlawful age discrimination. The court was asked whether it was correct to make a declaratory judgment when the case . .
CitedAttorney-General v Newspaper Publishing Plc and Others CA 2-May-1997
A third party was in contempt of court if the proceedings had been significantly, and adversely, affected. It was not necessary that they had been frustrated entirely.
‘The law of contempt is of ancient origin yet of fundamental contemporary . .
CitedGawler v Raettig CA 3-Dec-2007
The parties had resolved their claims of negligence, but asked the court to set the level of contributory negligence even though the appeal was academic.
Held: The court refused leave to appeal, but stated that its judgment could be reported. . .
CitedBowman v Fels (Bar Council and Others intervening) CA 8-Mar-2005
The parties had lived together in a house owned in the defendant’s name and in which she claimed an interest. The claimant’s solicitors notified NCIS that they thought the defendant had acted illegally in setting off against his VAT liability the . .
CitedJockey Club v Buffham QBD 13-Sep-2002
A court had issued a final order with an injunction against the respondent against revealing matters becoming known to him during his employment by the claimant. The BBC sought a variation to allow it to broadcast material based upon that documents . .
CitedHer Majesty’s Attorney General v Punch Limited and another HL 12-Dec-2002
A former MI5 agent, Mr Shayler, was to be prosecuted under the Official Secrets Act, and an injunction against publication was granted. The respondent published further works by Mr Shayler, and now appealed a finding that it had acted in contempt of . .
Lists of cited by and citing cases may be incomplete.

Media, Litigation Practice, Costs

Updated: 22 July 2022; Ref: scu.450107