Interim injunctions and the right to freedom of expression (Power Places and Ors v Free Spirit)

Table of contents

• Practical implications
• Interim injunctions and freedom of expression
• Costs of the interim injunction application hearing
• Facts
• What did the court decide?
• Enforcement of the Tomlin order
• Injunctive relief to protect from harassment
• Costs
• Court details

Article summary

Dispute Resolution analysis: HHJ Moloney QC, sitting as a High Court judge, has granted interim injunctions against a respondent which affected his right to freedom of expression under article 10 of the European Convention on Human Rights (ECHR). In doing so, the court applied the higher standard for interim injunctions in section 12 of the Human Rights Act 1998 (HRA 1998), which requires the court to consider what would happen at trial, and satisfy itself that the applicant would be likely to establish that publication should not be allowed. This decision is of interest to practitioners seeking an injunction which, if granted, might affect the respondent’s freedom of expression—for example, where a counterparty to a commercial transaction seeks to publish confidential information without permission.