Cases

Terry (previously 'LNS') v Persons Unknown

Held

Refusing the application:

(1) While there was a threat to publish information about the fact of the Relationship the Applicant had failed to prove that the Applicant was likely to succeed on the point within the meaning of s.12(3) HRA. This was in part because of the contents of a previous interview given to a national newspaper and secondly on account of an "uncertainty in the law of misuse of private information", namely, the extent to which the belief of a person threatening to make a publication is relevant on the issue of public interest;

(2) Notice had not been given to any newspaper when it should have been.

(3)The nub of the applicant's complaint was to protect reputation, in particular with sponsors, and as such the rule in Bonnard v Perryman precluded the grant of an injunction, and in any event damages would be an adequate remedy;

(4) There was insufficient evidence of a threat to publish photographs or sensitive details about the Relationship.

Also