Acting for the Defendant in anonymised proceedings, Carter-Ruck successfully defended an application for an injunction to restrain the alleged threatened disclosure of private information and conduct alleged to amount to harassment. In a private hearing held on 7 November, Mr Justice Tugendhat held that in the circumstances, for the Court to grant an injunction against the Defendant would be “excessive and disproportionate”.
Although an injunction to restrain disclosure of private information commonly engages the Convention right of freedom of expression under Article 10, significantly that right was not engaged in this case as it was the Defendant’s case that he was not threatening or intending to publish the information. The approach of the Court was therefore not governed by the Human Rights Act s.12 but by the general principle applicable to interim injunctions namely the American Cyanamid test.
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