References:  EWHC 795 (QB)
Coram: Sharp J
Ratio: The claimant sought an order to restrain anticipated defamatory comments and evidence to be given to an employment tribunal.
Held: It could not be said as the claimant asserted that dfeences were bound to fail, and no determination should be made before trial. Nor were the claimant’spleadings yet to the required standard.
This case cites:
- Cited – Apsion v Butler QBD (Bailii,  EWHC 844 (QB))
The defendant applied for summary judgement in his favour. The defendant had submitted to the Bar Standards Board a statement complaining of the claimant barrister’s professional conduct. The Board had later suspended the claimant after findings . .
- Cited – Hunter v Chief Constable of the West Midlands Police HL ( AC 529,  3 WLR 906, Bailii,  UKHL 13,  3 All ER 727)
An attempt was made to open up in a civil action, allegations of assaults by the police prior to the making of confessions which had been disposed of in a voir dire in the course of a criminal trial.
Held: This was a collateral attack . .
- Cited – William Coulson and Sons v James Coulson and Co CA ((1887) 3 TLR 846)
Lord Esher MR said: ‘It could not be denied that the court had jurisdiction to grant an interim injunction before trial. It was, however, a most delicate jurisdiction to exercise, because, though Fox’s Act only applied to indictments and . .
- Cited – Bonnard v Perryman CA ( 2 Ch 269)
Although the courts possessed a jurisdiction, ‘in all but exceptional cases’, they should not issue an interlocutory injunction to restrain the publication of a libel which the defence sought to justify except where it was clear that that defence . .
- Cited – Trapp v Mackie HL ( 1 WLR 377,  1 All ER 489)
Dr Trapp had been dismissed from his post by the Aberdeenshire Education Committee of which Mr Mackie was chairman. Dr Trapp petitioned the Secretary of State for an inquiry into the reasons for his dismissal. An inquiry was set up, and in the . .
- Cited – Greene v Associated Newspapers Ltd CA (Bailii,  EWCA Civ 1462, Times 10-Nov-04,  QB 972)
The claimant appealed against refusal of an order restraining publication by the respondent of an article about her. She said that it was based upon an email falsely attributed to her.
Held: ‘in an action for defamation a court will not impose . .
- Cited – ZAM v CFW and Another QBD (Bailii,  EWHC 476 (QB))
The parties were in dispute over the management of a trust. One sought an injunction restraining the other from publishing allegations of breach of trust.
Held: In the unusual circumstances, an order could be made. The claimant had put forward . .
- See Also – Vaughan v London Borough of Lewisham and Others EAT (Bailii,  UKEAT 0534 – 12 – 0102)
EAT PRACTICE AND PROCEDURE – Admissibility of Evidence
In support of a discrimination claim the Claimant sought permission to adduce in evidence 39 hours’ worth of covert recordings which she had made of . .
(This list may be incomplete)
Last Update: 20 April 2020