Sophie Mitchell, representing the Claimant/Applicant in a ‘kiss and tell’ case about the threatened release of a sex tape, successfully obtained an emergency interim injunction for harassment, privacy and blackmail. Her client had been subjected to a foul campaign of online abuse and threats.
Sophie successfully sought an Order from HHJ Gosnell at the High Court in Leeds, on behalf of her client, that:
The application was made ex-parte (CPR 25.3(1) applied) and pursuant to s.12(2) of the Human Rights Act there were compelling reasons why the Defendant had not been notified. Practice Guidance (Interim Non-disclosure Orders) [2012] 1 WLR 1003 applied.
Sophie relied on the case of NPV v QEL [2018] EWHC 703 (QB), which HHJ Gosnell found was on all fours with her client’s case, where it was held:
“26. In relation to the misuse of private information, I am satisfied that the Claimant is likely to succeed at trial in showing that publication of the Information should not be allowed. My reasons for this are:
27 As regards the claim for harassment… The Second Defendant is unlikely to succeed in showing that he has a defence under s.1(3) PFHA… On the contrary, if this was blackmail then that will amount to harassment: LJY [36]”.
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