Cases

Sunderland Housing Company & another v Baines & others

Held

C1 was not entitled to injunctive relief because it was a corporate entity and arguably a public body: Derbyshire County Council v Times Newspapers considered.

C2 was entitled to injunctive relief in defamation, harassment and data protection against D1, D3 and D5. C2 had produced a witness statement stating that the allegations were untrue and it was not sufficient for D1 to merely assert an intention to justify without identifying the extent to which he proposes and intends to do so and supports it with a statement of truth: Bonnard v Perryman distinguished. Moreover, anonymous postings were a particularly distressing form or harassment and D1 was not a registered data processor and was hence processing data improperly.

No injunctive relief was granted against D2 and D4 because whilst there were suspicions there was a clear conflict on the evidence that could not be determined on paper nor was there was evidence of further publication.

Also