BLACKMAIL : FINAL INJUNCTIONS : FREEDOM OF EXPRESSION : HARASSMENT : MISUSE OF PRIVATE INFORMATION : RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE : APPLICANTS’ SEXUAL AND FAMILY LIFE : BALANCING RIGHT TO PRIVATE AND FAMILY LIFE WITH FREEDOM OF EXPRESSION : WHETHER PRIVATE INFORMATION OUGHT TO BE DISCLOSED : PROTECTION FROM HARASSMENT ACT 1997 s.3(1), s.3(3) : EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 : HUMAN RIGHTS ACT 1998 s.12
It was appropriate to grant a permanent injunction preventing an individual from disclosing private information about the applicants’ sexual relationship and family life and from harassing them, as the applicants’ rights under the European Convention on Human Rights art.8 substantially outweighed the individual’s art.10, and no good grounds had been advanced to justify disclosure of the private information.
The applicants (S and P) applied for a permanent injunction pursuant to the Protection from Harassment Act 1997 s.3(1) and s.3(3) restraining the respondent (X) from revealing the details of their relationship, harassing them and from approaching their residential and business addresses.
S had been married with children, but was having a clandestine relationship with P. P had twins of which S was the father. X was the boyfriend of P’s friend. S was presented with a package and a letter revealing intimate details of his relationship with P and a demand for £1.5 million to prevent the information being revealed. Further contact was made with S and P, following which S engaged private investigators who discovered X’s involvement. X denied involvement and arranged a meeting with S at a fitness centre.
HELD: (1) X was responsible, which he admitted, for the letter and package and subsequent documents addressed to S. X had sought the meeting with S after he had been approached by private investigators. He was alive to the possibility of surveillance as a result and therefore suggested meeting at a fitness centre to foil any surveillance attempts. The purpose of the meeting was to discuss blackmail threats and therefore it was implausible that S, who believed that X was his blackmailer, would have discussed business with X much less have engaged him to do a job or have agreed to pay him a £10,000 deposit without an estimate of likely work. Further, there was no evidence as to what X had done with the £10,000 and X had received that money at a time when, on his evidence, he was in financial difficulties. X’s conduct clearly fell within the 1997 Act. It was necessary to grant the permanent injunction against X as he had denied the alleged conduct and had stated that he would resort to the mass media if the court did not fairly assess the situation. Whilst it imposed a significant restriction upon X, it was necessary to protect the applicants from disclosure of their private information (see paras 58-63, 65 of judgment).
Application granted
[2012] EWHC 2236 (QB)
(1) SKA (2) PLM v (1) CRH (2) PERSONS UNKNOWN (2012)
QBD (Nicola Davies J) 31/07/2012
“Lawtel Update” 13.08.12