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15 October 2010
Issue: 7437 / Categories: Case law , Law reports
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Injunction—Privacy—Blackmail

AMM v HXW [2010] EWHC 2457 (QB), [2010] All ER (D) 48 (Oct)

Injunction—Privacy—Blackmail 

AMM v HXW [2010] EWHC 2457 (QB), [2010] All ER (D) 48 (Oct)
Queen’s Bench Division, Tugendhat J, 7 Oct 2010

The court’s decision whether or not grant anonymity to a party or witness to proceedings cannot be an exercise of a discretion, but must be a matter of obligation.

Mark Warby QC and Victoria Jolliffe (instructed by Olswang) for the claimant.
Hugh Tomlinson QC (instructed by JMW Solicitors LLP) for the defendant.
The claimant applied for an injunction to restrain the publication of information which he claimed to be private. After proceedings had begun, and an interim injunction granted, a newspaper article was published titled “TV celebrity wins court order gagging his ex-wife”.

The article stated that “A married TV star has won a court gagging order to prevent details of his private life being published. The celebrity, who has a huge public profile, has obtained an injunction stopping his ex-wife writing about their relationship and claiming that they had a sexual affair after he remarried. Neither the married man nor his ex-wife can be identified,

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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