C1 was Russell Brand, a well-known comedian and actor, C2 was Jemima Goldsmith, a journalist and UNICEF ambassador. They were in a relationship together at all material times. D held herself out as a professional masseuse.
C2 arranged for a massage from D as a birthday present from C1. They met at C2’s house in Oxfordshire, the Cs saying that C1 did not wish to go ahead with it, D alleging that she was the victim of criminal conduct thereafter. Following this D sent various emails to C2 and her solicitors referring to an approach to the media and setting out the allegations she intended to make. She also publicised these more widely. D reported an alleged assault by C1 to the police.
C1’s solicitors having written a letter of claim to D, D’s allegations escalated to allege interference with her telephone and emails and some sort of “cyber attack”. The police closed their investigation, informing the Cs that there was no case for them to answer. D sought publicity for allegations of very serious criminal offences against the Cs. Some of D’s allegations were published in the press, and she placed a petition on the website Change.org headed “To serve justice and to prosecute Jemima Khan and Russell Brand”.
The Cs gave evidence of the considerable distress caused by D’s communications and activities in their witness statements. Their case was that D’s conduct was unlawful harassment and would continue absent an injunction. They had sought and obtained an anti-harassment injunction granted by Lewis J on an urgent basis some weeks earlier in terms which injuncted D from:
a) communicating with the Claimants or either of them, directly or indirectly;
b) making any approach to or responding to any enquiry from any journalist or media organisation in relation to the Claimants or either of them;
c) publishing or disclosing to any person any information concerning her attendance at the Second Claimant’s home or any allegation or insinuation that the Claimants or either of them had committed any criminal offence or behaved in a manner which might amount to a criminal offence or any allegation or insinuation that the Second Claimant exploited to sought to exploit the Defendant or otherwise act in a manner incompatible with her role as a UNICEF Ambassador.
D was ordered to use all reasonable endeavours to remove the petition. She was not prevented from communicating with the police for the purpose of pursuing her complaint as to the decision not to charge the Cs. The hearing was a re-hearing of the earlier application, following issue of a claim form and service of Particulars of Claim, seeking an injunction in the same terms to be continued to trial.
D applied for a stay and discharge of the injunction, along with time to update her evidence and disclosure of CCTV tapes from C2’s house.
The Cs sought a direction pursuant to CPR 39.2 that the hearing should be in private on the grounds of strict necessity. While the injunction was sought in harassment, D’s allegations concerned private matters which had not been reported in the media, and which were contained in a Confidential Schedule to the order of Lewis J.