Kenneth Callaghan v Independent News & Media Limited
| Jurisdiction | Northern Ireland |
| Court | Queen's Bench Division (Northern Ireland) |
| Writing for the Court | Stephens J |
| Judge | Stephens J |
| Judgment Date | 08 February 2008 |
| Neutral Citation | [2008] NIQB 15 |
| Year | 2008 |
| Date | 08 February 2008 |
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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4 cases
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Murray v Newsgroup Newspapers and Others
...v RTE [2005] 4 IR 79 and TV3 Network Services Ltd v Fahey [1999] 2 NZLR 129 considered - Callaghan v Independent News and Media Ltd [2008] NIQB 15 distinguished - Sex Offenders Act 2001 (No 18) - Garda Síochána Act 2005 (No 20), s 62 - Prohibition of Incitement to Hatred Act 1989 (No 19), ......
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MURRAY v NEWSGROUP NEWSPAPERS Ltd
...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......
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Hayes v Willoughby (No 2)
... ... Down Judgment of WordWave International Limited A Merrill Communications Company 165 Fleet ... or detecting crime" [31] (approved in Callaghan v Independent News and Media Limited [2009] ... ...
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McAuley (Robert) v Sunday Newspapers Limited and Independent News and Media Limited
...serious the consequences the less cogent the evidence needed to satisfy the standard, see Callaghan v Independent News & Media Limited [2008] NIQB 15 at paragraph [17] which in my view is an aspect of the precautionary principle see Jordan’s Applications (13/002996/1), (13/002223/1) (13/037......
