Cases

Georgallides v Etzin

Held

(1) Article 10 was clearly engaged and hence the test to be applied was laid down in s.12(3) of the Human Rights Act: Cream Holdings v Banerjee considered. Although the words on the posters were defamatory of the C the application was not an attempt to circumvent the rule in Bonnard v Perryman by the C but to avoid his being harassed; (2) even though the D had given a series of undertakings not to act in certain ways the C still satisfied the Court that he was likely to succeed at trial on the matters not subject to the undertakings. (3) It did not follow however that the C was entitled to an injunction in general terms and D would be allowed to continue his protest (subject to the undertakings) and provided he did not enter an exclusion zone of 50 yards around the restaurant and other properties.

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