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Injunction granted to 'OPQ', a man

Date post: 08-Apr-2018
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    Names of claimants and

    defendants are anonymised.The case is between twoparties and does not involveany newspaper

    The rst defendant hadbeen trying to sellintimate .. and clearlyprivate photographs of theclaimant to a newspaper

    The court was shownevidence of likely impact of publicity on health of claimants family

    The newspaper was eitherthe Daily Mail or Mail onSunday. The claimant saidthey were discussing largesums of money

    A hint of blackmail: paymoney and the problemmight go away for good

    The judgethinkstheclaimanthasright toanonymity

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    The judge weighs up right to privacy (Article 8) with right toprivacy (Article 10). He can nd no public interest in publication

    He cites a House of Lords precedent involving Naomi Campbelland a European Court decision about a German case

    The judge warns mediacompanies so they knowabout the injunction

    The defendants dont contestthe claim. So, the parties allagree to keep the intimatephotos secret....

    ... but the claimant is worriedthat wont stop the media,which may well persist inpublishing the allegations. Sohe is asking the judge for ageneral order stopping anyonefrom revealing whats beengoing on

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    The judge runs through thebits of case law - nearly allEnglish, not European, whichhe must bear in mind....

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    ...now e u ge goes rougrecent changes to the law as aresult of the Human RightsAct. He mentions generalisedanonymity orders in the casesof the child killers Venablesand Mary Bell, which weredesigned to protect themfrom life-threatening risks.

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    The judge now brings inother cases which engageArticle 2 (right to life) of theHRA

    He says children must beprotected under the Europeanconvention

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    The judge says there is solidmedical evidence about thehealth - including mentalhealth of the claimant andmembers of his family. Therecould be very seriousconsequences if publicationwent ahead....

    Various newspapers had beenpreparing to oppose thisorder, but it may well be thatthe medical evidence has ledthem to drop their objections

    In any event, there are noarguments from any mediacompany to the contrary

    He says there is no evidenceof exposing or detectingcrime. This is a quote fromthe PCCs code of practice. heis obliged, under S 12 of theHRA, to see if the PCCs code- with its public interestdefence for intrusion - isrelevant. Its not, he nds.

    The claimant is a private citizen, not apolitician

    In the light of all the above the judge grants the injunction.


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