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England and Wales High Court (Queen's Bench Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales High Court (Queen's Bench Division) Decisions >> AM v News Group Newspapers Ltd & Ors [2012] EWHC 308 (QB) (23 February 2012) URL: http://www.bailii.org/ew/cases/EWHC/QB/2012/308.html Cite as: [2012] EWHC 308 (QB) |
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QUEEN'S BENCH DIVISION
Strand, London, WC2A 2LL |
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B e f o r e :
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AM |
Applicant |
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- and - |
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(1)News Group Newspapers Ltd (2) Persons Unknown |
Respondents |
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The Respondents did not appear and were not represented
Hearing dates: 20 February 2012
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Crown Copyright ©
Mr Justice Tugendhat :
"3. Publishing restrictions
This order prohibits the publishing or broadcasting in any newspaper, magazine, public computer network, internet website, sound or television broadcast or cable or satellite programme service of:
(1) The claimants name and address as identified at Schedule 2 of this order(2) Any photograph or film or video or other image that identifies or is likely to identify the claimant's address as being the address at which the claimant lives(3) Any photograph or film or video or other image showing any occupier or any invitee within the house or garden of the claimant's address.
4. Restraint on harassment
This order prohibits the defendant from
(1) Harassing, pestering, threatening or otherwise interfering with any occupier or invitee within the house or garden of the claimant's address;(2) Entering, attempting to enter or approaching within 100 yards of the claimant's address;(3) Communicating or attempting to communicate with the claimant by any medium".
"(1) A person must no pursue a course of conduct – (a) which amounts to harassment of another, and (b) which he knows or ought to know amounts to harassment of the other…
(2) The person whose course of conduct is in question ought to know that it amounts to … harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to … harassment of the other.
(3) Subsection (1) …does not apply to a course of conduct if the person who pursued it shows – (c) that in the particular circumstances the pursuit of the course of conduct was reasonable. …
3 (1) An actual or apprehended breach of Section 1 (1) may be the subject of a claim in civil proceedings …
(3) Where – (a) in such proceedings the High Court … grants an injunction for the purpose of restraining the defendant from pursuing any conduct which amounts to harassment, and (b) the plaintiff considers that the defendant has done anything which he is prohibited from doing by the injunction, the plaintiff may apply for the issue of a warrant for the arrest of the defendant.
…
7(2) References to harassing a person include alarming the person or causing the person distress
(3) A 'course of conduct' must involve – (a) in the case of conduct in relation to a single person (c) Section 1 (1)) conduct on at least two occasions in relation to that person…".
"4. At 3.30 pm today the media came to my house at the above address. There was no one home so they went to the house of my brother. I don't know how they got our details. My details are on the land registry for [the house that he rents] so they may have got it from there. There was someone home in my brother's house when they went there. They gave them my contact phone number. The media then phoned me. I was on the phone for 25 minutes. The caller said his name was Anthony and he was from The Sun newspaper. I said I could not answer questions and had to go home to sort a number of things out. I said I would call him back. When I got home at 3.30 pm he was already at my house and was asking me more questions. I told him that I would call him and he should not have come to my house.
5. More media then turned up at my house. I do not know who they were. They were calling my phone and knocking at my door. I told them to get away from my house. They were taking photographs of me when I went outside. My children couldn't go outside.
6. They kept asking me questions. They were asking me who was staying in the house [that I let], what are their names, how many people are living there, how much rent do they pay, how do they pay, where is the money coming from? They already seemed to have a lot of information, I didn't know if someone had given them a copy of the contract. I don't know if they did have a copy of the contract they just seemed to know a lot of detail about it.
7. They began asking me how many children are living in [that house] and what ages they are. They then began asking me about my family and me: how old I am, how many children I have. I became panicked at this. I can't live like this with people chasing after me and phoning and knocking at my door. I don't want my family dragged into this.
8. I did not know that the family [to whom he had rented the other house] were related to Abu Qatada. I did not know him. I told them 'I do not have his name on the contract. I have the name of a mother with four children'. That's all told them. I was panicked by all the questions and them taking photographs and being at my house.
9. The media showed me pictures of the house [that I let] and showed my pictures of him (Abu Qatada) at the door of the house. There were about 15 people from the press outside the house in the photograph. They kept asking if I knew about him and that he was living there. I didn't answer.
10. I can't deal with this. This is the worst day. People ask me about my family and knocking on my door was too much. I can't cope with this I don't want my family involved.
11. Ten minutes ago there were still two cars with media people outside my house. I don't know if it will get worse again but this can't go on. I can't allow them ([the mother to whom he let the other properties] and her children) to stay in the house if things are like this. I will have to serve notice on them".
"It would appear that although there is in place a prohibition on publishing any photograph of the premises or identifying the address, that has not prevented photographs being taken which are then being deployed in other ways, for instance showing to the landlord [the applicant], in an attempt, it must be assumed, to cause him to wish the family to leave that house".