Cases

Douglas v Hello! Ltd

Held

s.12(3) of the Human Rights Act required that, when considering whether to grant an injunction likely to affect freedom of expression, the court must consider Art 10(2) as well as Art 10(1), and all relevant Convention rights, such as Art 8, and must look at the merits of the case. Here, although the Claimants might establish at trial that the publication should not be allowed, the organised publicity surrounding the wedding tipped the balance in favour of allowing publication. Damages would be an adequate remedy and accordingly the balance of convenience favoured the Defendant and the injunction would be discharged.

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