Cases

Terry (previously 'LNS') v Persons Unknown

Comment

This decision is a solemn reminder of the evidence that ought to be obtained in order to apply for an interim injunction and the form such evidence should take. It also emphasises the importance of giving notice to potential respondents so that the judge may be able to make an informed decision on the merits of the injunction sought.

The decision also raises a number of unresolved issues in this area, including (i) the extent to which the belief of a person threatening to make a publication is relevant to the issue of public interest and (ii) the relationship between defamation and misuse of private information and the relevance of the distinction to the obtaining of interim injunctions.

Areas of work

Human Rights
Injunctive Relief
Media Law
Privacy and Confidence
Reporting the Courts

Also