Archive for the ‘contra mundum’ Category

UPDATED: CTB v. Twitter, Inc. and Unknown Persons: Trying to Flog a Dead Horse

May 22, 2011

Briefly, the underlying case is CTB v. News Group Newspapers Ltd. et al. which is an English High Court Queen’s Bench Division judgment arising from litigation between an “anonymous” English premier league footballer, “CTB” and defendants News Group Newspapers Limited and Imogen Thomas. On 14 April 2011, Mr Justice Eady granted first a temporary injunction prohibiting the naming of the footballer in the media, which injunction was extended on April 21st, 2011. The injunction initially sought to prevent details of an extra-marital relationship between the married footballer CTB and Ms Thomas – from being published in the London newspaper, The Sun and was based on Article 8 of the European Convention on Human Rights, which guarantees an individual’s right to privacy. CTB v News Group Newspapers Ltd et al. [2011] EWHC 1232 (QB) (16 May 2011) is analysed in depth by Edward Craven at Inforrm’s Blog: Case Law: CTB v News Group Newspapers: privacy law and the judiciary.

See also,

Since then, Twitter is abuzz about the news that CTB has commenced another action in the English court, this time against Twitter, Inc.  to disclose the identities of some of its anonymous account holders alleged to have breached Justice Eady’s injunctive order by disclosing the claimant’s identity:. The case is styled: CTB -v- Twitter, Inc. and Persons Unknown (Case No. HQ11XO1814. Read Charles Russell’s CRITique blog for a great summary here.

Unlike some others, I respect the Rule of Law and choose not to identify “CTB” in breach of Justice Eady’s injunctive order, irrespective of whether, in my opinion, any such order is unenforceable contra mundum. (more…)

Debunking the Myth of the Contra Mundum Injunction Order

April 25, 2011

In his “Postcard From The Staterooms: Urbi et Orbi and *Contra Mundum* edition” post, Charon QC’s UK Law Blog refers to an important privacy law decision from the England and Wales High Court (Queen’s Bench Division): OPQ v BJM [2011] EWHC 1059 (QB). In what Mr. Justice Eady described as  “a straightforward and blatant blackmail case”, the learned Justice continued an injunction restraining the First Defendant and her partner from publishing confidential material about the Claimant’s private life and extended its application contra mundum (“against the world”).

I have no reason to doubt that Justice Eady’s injunctive order is binding on the English defendants and likely enforceable against third parties, particularly, any English media outlets within the territorial grasp of court’s jurisdiction.  It is not, however, enforceable in Canada and likely anywhere else in the world. (more…)

%d bloggers like this: