High Court: injunction kept under review

A solicitor has won an interim injunction to stop his former younger lover from going public with details of their relationship, it has emerged.

However, Mr Justice Tugendhat has warned that he will keep under review the need for the parties to stay anonymous.

In AVB v TDD, the judge granted the claimant – whom he described as “an elderly solicitor” – a non-disclosure injunction in late May to restrain the publication of information about the relationship and communications to and about family members.

He granted the application without notice because there was evidence that suggested “the purpose of the proceedings might be defeated” if the defendant was given notice. He granted anonymity and locked down the court papers.

But Tugendhat J said: “The extent to which each of these provisions derogating from open justice remains necessary is a matter which will have to be reviewed as the proceedings progress.”

On the return date last month, the defendant’s lawyers disputed many of the alleged facts and raised complaints of her own against the claimant who, she alleged, had disclosed, or threatened to disclose, private and confidential information about her.

The claimant agreed that the court could consider these complaints, notwithstanding that the defendant had not issued an application notice. The proceedings were adjourned in order to give the parties an opportunity to agree the terms of any order.

This they did, including undertakings to be given to the court by both parties, but the judge initially declined to make the order because there was no provision for directions, or for any time limit on the undertakings. This has been required since 2011 and highlighting it appears to be the reason why the judgment was published. An amended order was produced and the judge made it “substantially in the terms submitted”.

Darryl Ingram & Co is acting for the claimant solicitor and Teacher Stern for the defendant.


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