|[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]|
England and Wales High Court (Queen's Bench Division) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Queen's Bench Division) Decisions >> XLD v KZL  EWHC 1558 (QB) (17 June 2020)
Cite as:  EWHC 1558 (QB)
[New search] [Context] [View without highlighting] [Printable PDF version] [Help]
QUEEN'S BENCH DIVISION
Strand, London, WC2A 2LL
B e f o r e :
|- and -
The Defendant was not present and was not represented
Hearing dates: 11th June 2020
Crown Copyright ©
Mr Justice Nicol :
'there is an understanding that the wealthier person (the man or woman) is responsible for paying the other person's expenses, or, if the relationship is more serious, for improvement in their lifestyle.'
Anonymisation of the parties
Hearing in private
The absence of notice to the defendant
'(1) This section applies if a court is considering whether to grant any relief which, if granted, might affect the Convention right of freedom of expression.
(2) If the person against whom the application for relief is made ('the respondent') is neither present nor represented, no such relief is to be granted unless the court is satisfied –
(a) that the applicant has taken all reasonable steps to notify the respondent; or
(b) that there are compelling reasons why the respondent should not be notified.'
The test to be satisfied before this interim injunction could be granted
'(3) No such relief [i.e. which might affect the Convention right of freedom of expression] so as to restrain publication before trial unless the court is satisfied that the applicant is likely to establish that publication should not be allowed.
(4) The court must have particular regard to the importance of the Convention right to freedom of expression ...'
The Substance of the application for an interim injunction
i) Misuse of private information.
i) The fact of the Claimant's visit to the website and his attempt to use the services offered by it.
ii) The fact that the Claimant communicated with the Defendant regarding entering into an agreement and the content of their exchanges.
iii) That their communications included sexually explicit WhatsApp messages and their content.
iv) That the Claimant is a victim of blackmail and information regarding that.
Matters raised by Mr de Wile as part of his duty as counsel on an ex parte application