Cases

John v Associated Newspapers Ltd

Held

Dismissing the application:- (1) The threshold requirement was proof that an injunction was more likely than not to be granted at a trial. This case was not within the exceptional classes mentioned in Cream Holdings. (2) The threshold was not crossed: Sir Elton had no reasonable expectation of privacy and any rights he did have would not outweigh freedom of expression: (a) The photo was not like those at issue in Campbell but akin to Sir Elton 'popping out for some milk'; (b) an important element in von Hannover was harassment, but the Defendants denied any such conduct and there was no reason to suppose their evidence was untruthful; (c) the case did not involve any of the recognised categories of private information, such as health, or sexual life; there was nothing remotely comparable to Peck; (d) the likelihood the photo would be accompanied by offensive text did not give rise to a cause of action; (e) lack of consent was merely a factor to weigh.

Also