In what circumstances can a person obtain an interim injunction
against another for harassment and defamation?
The High Court recently revisited this issue in the case of Jagwani v Alles [2019] EWHC 2887 (QB).
The claimant, a teacher, made an application for an interim
injunction to prevent the defendant, a journalist and campaigner,
from sharing allegedly defamatory material about his marriage and
subsequent divorce, as well as publishing further allegedly
defamatory material about him which he also alleged amounted to
harassment.
Mr Justice Murray refused the application. He swiftly found that
the claimant was not "likely to establish that publication
should not be allowed", as was required under section
12(3) of the Human Rights Act 1998. A restriction on the right to
freedom of expression under article 10 of the European Convention
of Human Rights may be justified if it conflicts with another
fundamental right, such as the right to respect for private
