Interim Injunctions and the Overlap between Privacy and Libel

Authors: Busuttil, Godwin; McCafferty, Patrick

Source: Journal of Media Law, Volume 2, Number 1, July 2010 , pp. 1-13(13)

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Abstract:

This article considers the suitability and compatibility of rule in Bonnard v Perryman to cases involving private information which also has the potential to damage an individual's reputation. The central argument advanced by the authors is that if the Bonnard rule is to operate as it did in Terry v Persons as a bar to interim injunctive relief in all cases where the information at issue is private to an individual but if published would also be apt to damage his or her reputation, the rule needs to be modified if a claimant faced with such a predicament is to have a meaningful, effective right to respect for private life under Article 8 of the European Convention on Human Rights.

Document Type: Commentary

Publication date: 2010-07-01

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