Cases

TUV v Persons Unknown

Held

(1) The need for prior notification should be addressed according to the facts of each case.

(2) The relevant question to be asked is whether it is proportionate to require an applicant for an injunction to undertake the expense, delay and inconvenience of serving all media organisation who may be affected by the injunction.

(3) In assessing the competing rights of an applicant and the media, a sensible balance can be achieved by serving those who the applicant has reason to believe will have an interest in the story. This exercise should not involve speculation or guesswork, but rather be based on solid grounds in the light of available evidence.

(4) An obligation to notify should only arise where the facts indicate that a particular media organisation is believed to have shown some interest in publishing.

 

Also