McClaren v News Group Newspapers Ltd: QBD 5 Sep 2012

The claimant had obtained an interim injunction to restrain the defendant publishing what he said was private information about a sexual encounter. He also sought an injunction under the 1997 Act.
Held: The claim succeeded: ‘there have been threats by the defendant to disclose private information concerning the claimants and harassment of them. As to the balancing exercise to be carried out as between the claimants’ Article 8 rights, the defendant’s Article 10 rights and the issue of the public domain as identified in Section 12, I find as follows: the information is private; no good grounds have been advanced which could justify disclosure pursuant to Article 10. The fact that the second claimant may have spoken to friends is insufficient to bring the information into the public domain as identified in Section 12. Accordingly, I find that the claimants have a strong claim in relation to the threatened misuse of private information, such rights as exist pursuant to Article 10 are weak and substantially outweighed by the privacy rights of the claimants.’ Given the second defendant’s continued denials of the threatened blackmail, a permanent injunction was appropriate, though only against the first defendant.

Lindblom J
[2012] EWHC 2466 (QB)
European Convention on Human Rights 8 10, Human Rights Act 1998 12, Protection from Harassment Act 1997 3(1)
England and Wales
CitedCream Holdings Limited and others v Banerjee and others HL 14-Oct-2004
On her dismissal from the claimant company, Ms Banerjee took confidential papers revealing misconduct to the local newspaper, which published some. The claimant sought an injunction to prevent any further publication. The defendants argued that the . .
CitedIn re S (a Child) (Identification: Restrictions on Publication) HL 28-Oct-2004
Inherent High Court power may restrain Publicity
The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to . .
CitedAsh and Another v McKennitt and others CA 14-Dec-2006
The claimant was a celebrated Canadian folk musician. The defendant, a former friend, published a story of their close friendship. The claimant said the relationship had been private, and publication infringed her privacy rights, and she obtained an . .
CitedNtuli v Donald CA 16-Nov-2010
The defendant sought the discharge of a super-injunction, an order against not only the identification of the parties, but also the existence of the proceedings.
Held: The order preventing publication of the underlying allegations remained, . .
CitedJIH v News Group Newspapers Ltd CA 31-Jan-2011
Principles on Request for Anonymity Order
The defendant appealed against an order granting the anonymisation of the proceeedings.
Held: The critical question is whether there is sufficient general public interest in publishing a report of proceedings which identifies a party by name, . .
CitedFerdinand v MGN Limited QBD 29-Sep-2011
The claimant, a famous footballer, complained that an article by the defendant relating an affair he had had, had infringed his right to privacy. The defendant relied on its right to freedom of expression. The claimant had at an earlier stage, and . .
CitedSKA and Another v CRH and Others QBD 31-Jul-2012
The claimant sought to restrain the publication of private information by the defendant against the alleged threat by the defendant to publish unless a substantial sum of money was paid. . .
CitedCampbell v Mirror Group Newspapers Ltd (MGN) (No 1) HL 6-May-2004
The claimant appealed against the denial of her claim that the defendant had infringed her right to respect for her private life. She was a model who had proclaimed publicly that she did not take drugs, but the defendant had published a story . .
CitedLord Browne of Madingley v Associated Newspapers Ltd CA 3-Apr-2007
The appellant sought to restrict publication by the defendants in the Mail on Sunday of matters which he said were a breach of confidence. He had lied to a court in giving evidence, whilst at the same time being ready to trash the reputation of his . .
CitedETK v News Group Newspapers Ltd CA 19-Apr-2011
The claimant appealed against refusal of an injunction to restrain the defendant newspaper from publishing his name in connection with a forthcoming article. The claimant had had an affair with a co-worker. Both were married. The relationship ended, . .
CitedMurray v Big Pictures (UK) Ltd; Murray v Express Newspapers CA 7-May-2008
The claimant, a famous writer, complained on behalf of her infant son that he had been photographed in a public street with her, and that the photograph had later been published in a national newspaper. She appealed an order striking out her claim . .

Lists of cited by and citing cases may be incomplete.

Media, Torts – Other, Human Rights

Updated: 09 November 2021; Ref: scu.463854