ERY v Associated Newspapers Ltd

Queen's Bench Division, Mr Justice Nicol, 4 November 2016

Media law - Privacy - Freedom of speech - Interim injunction - European Convention on Human Rights, articles 8 and 10 - Human Rights Act 1998 - Right to privacy where person subject to financial investigation - Interview under caution

The claimant, a businessman, applied for the continuation of an emergency injunction seeking to restrain the defendant, a newspaper publisher, from using, publishing, communicating or disclosing confidential or private information about the claimant, namely that he was subject to a police investigation and interviewed under caution in relation to his suspected involvement in financial crime (as was his Company A). The claimant argued that that was information concerning which he had a reasonable expectation of privacy and which the defendant should be restrained from publishing.