BBG v Persons Unknown
[2023] EWHC 2355 (KB)
JRV & Anor v BRG
8 September 2023
[2023] EWHC 2238 (KB)
High Court
A woman shared details of her affair with a married man online, causing him and his wife distress. A judge ordered the woman to stop sharing private information about them online for a short period to give them time to resolve the situation in court.
Key Facts
- •JRV (Claimant 1) had an affair with BRG (Defendant).
- •BRG subsequently published details of the affair online, including JRV's identifying information.
- •BRG allegedly blackmailed JRV, threatened violence, and made false police reports.
- •Claimants sought an injunction to prevent further publication and contact.
Legal Principles
Power to grant interim injunctions
Senior Courts Act 1981, s.37
Equitable principles governing injunctions
Spry on Equitable Remedies 9th Ed (2014)
American Cyanamid principles for interlocutory injunctions
American Cyanamid v Ethicon [1975] A.C. 396
Principles for injunctions relating to restraint of publication
Human Rights Act 1998, s.12; European Convention on Human Rights, Articles 8 and 10
Balancing test for privacy and freedom of expression
Re S (a child) [2004] UKHL 47
Public interest in disclosure of private sexual encounters
PJS v News Group [2016] UKSC 26
Repeated publication of private information
Douglas v Hello! Ltd (No 3) [2006] QB 125
Outcomes
Granted ex-parte interim injunction
Claimants likely to establish harassment, intrusion, and blackmail; damages inadequate; balance of convenience favors Claimants.
Anonymity granted to Claimants
Protects Claimants' privacy and prevents the hearing from undermining the injunction.