Kenneth Callaghan v Independent News & Media Limited

JurisdictionNorthern Ireland
JudgeStephens J
Judgment Date08 February 2008
Neutral Citation[2008] NIQB 15
CourtQueen's Bench Division (Northern Ireland)
Date08 February 2008
Year2008
1
Neutral Citation no. [2008] NIQB 15
Ref:
STEH4830.T
Judgment: approved by the Court for handing
d
Delivered:
08/02/08
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
QUEEN’S BENCH DIVISION
____________
BETWEEN:
KENNETH CALLAGHAN
Plaintiff;
and
INDEPENDENT NEWS & MEDIA LIMITED
Defendant.
____________
STEPHENS J
[1] The plaintiff, Kenneth Callaghan, brings this application for an interlocutory
injunction to restrain Independent News & Media Limited, the defendant, until the
trial of this action or until further order from publishing a photograph of him in the
Sunday Life which has not been pixelated or obscured in such a way as to conceal
his identity. The application was brought on an urgent ex parte basis. I have heard
submissions from Ms Askin, on behalf of the plaintiff, and from Mr Gerry Simpson
QC, on behalf of the defendant. I also heard submissions from Mr McMillan, on
behalf of the Prison Service of Northern Ireland. I now give this ex tempore
judgment which I direct should be transcribed.
[2] In view of the fact that if successful this application will affect the defendants
Convention right to freedom of expression it is, in the ordinary course of events,
required under Section 12(2) of the Human Rights Act 1998 to be on notice to the
person against whom the application for relief is to be made. The application
proceeded before me as if it had been on notice. No objection was raised to the
Prison Service making submissions and I permitted those to be made even though
they are not a party to the action. Mr Simpson, for the defendant, was content that
the Prison Service had leave to make submissions provided that if the plaintiff’s

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5 cases
  • Murray v Newsgroup Newspapers and Others
    • Ireland
    • High Court
    • 18 Junio 2010
    ...EHRR 20 EUROPEAN CONVENTION ON HUMAN RIGHTS & FUNDAMENTAL FREEDOMS ART 10 CALLAGHAN v INDEPENDENT NEWS & MEDIA LTD UNREP STEPHENS 8.2.2008 2008 NIQB 15 CALLAGHAN & NORTHERN IRELAND OFFICE v INDEPENDENT NEWS & MEDIA LTD UNREP STEPHENS 7.1.2009 2009 NIQB 1 CAMPUS OIL LTD & ORS v MIN FOR INDUS......
  • MURRAY v NEWSGROUP NEWSPAPERS Ltd
    • Ireland
    • High Court
    • 18 Junio 2010
    ...by the press could be interfered with in order to protect the personal rights of such persons. Callaghan v. Independent News & Media Ltd.[2008] NIQB 15, (Unreported, Northern Ireland High Court, Stephens J., 8th February, 2008); [2009] NIQB 1, (Unreported, Northern Ireland High Court, Steph......
  • Duffy (Colin Francis), McCrory (Alex) and Fitzsimons (Henry Joseph) v Sunday Newspapers Limited and Others
    • United Kingdom
    • Queen's Bench Division (Northern Ireland)
    • 19 Julio 2017
    ...for interim relief pending the trial or any relevant appeal.” (emphasis added). In Callaghan v Independent News and Media Limited [2008] NIQB 15 I applied that degree of flexibility, stating that “the more serious the consequences the less cogent the evidence needs to be to satisfy that tes......
  • Hayes v Willoughby (No 2)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 13 Diciembre 2011
    ...himself up as a vigilante and harass his neighbours under the guise of preventing or detecting crime" [31] (approved in Callaghan v Independent News and Media Limited [2009] NIQB 1). A vigilante may profess a purpose within section 1(3)(a) which is belied by the nature, extent and duration ......
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