OPO appealed against Justice Bean’s refusal to grant him an interim injunction in the high court, which would prevent MLA and STL from publishing a book. Appeal allowed by Lady Justice Arden and others, in the Court of Appeal (Civil Division). There are no dissenting judgments within this case, as they all come to the same conclusion within the rights of OPO.
MLA has written a book “The Work” based on his career, including descriptions of his molested childhood, which he believed would encourage others who encountered similar trauma, to speak out. The claimant OPO (MLA’s son) suffers from severe disabilities: combination of ADHD, Asperger’s, Dysgraphia and Dyspraxia. OPO’s mother is concerned that if MLA releases “The Work” and OPO manages …show more content…
However, factual evidence stated that OPO was unlikely to come to possession of the actual book but, there was a possibility that he might come across Internet reviews or extracts from it. In addition, the judge stated that there was no cause of action for misuse of private information (MPI), as the book only concentrated on MLA’s private life, and not the life of OPO or his mother. Finally, no cause of action for negligence could be enforced, as it would require breach of duty and care in respect of child’s upbringing, which in this case was not …show more content…
This principle is applied within other cases, but has now limited scope as of Lord Hoffman’s judgment in Wainwright v Home Office, which stated, “You have to be really careful about what you mean by intend”. Wright J wanted to narrow down this concept as he felt that the appellant should win within Janvier v Sweeney, but the judgment was prevented as of previous precedent. Therefore to use the principle of Wilkinson as a liability, the respondent must act in an unjustifiable way and either intend to cause harm or act without caring about the consequences. As the father had full knowledge of what risks the publication of the book could cause to OPO, and still wanted to go ahead with the publishing of it, he then is responsible for the intend of causing psychiatric harm. For that reason, an injunction is granted on the publishing of “The Work” and is pending full trial scheduled for April 2015
MLA has written a book “The Work” based on his career, including descriptions of his molested childhood, which he believed would encourage others who encountered similar trauma, to speak out. The claimant OPO (MLA’s son) suffers from severe disabilities: combination of ADHD, Asperger’s, Dysgraphia and Dyspraxia. OPO’s mother is concerned that if MLA releases “The Work” and OPO manages …show more content…
However, factual evidence stated that OPO was unlikely to come to possession of the actual book but, there was a possibility that he might come across Internet reviews or extracts from it. In addition, the judge stated that there was no cause of action for misuse of private information (MPI), as the book only concentrated on MLA’s private life, and not the life of OPO or his mother. Finally, no cause of action for negligence could be enforced, as it would require breach of duty and care in respect of child’s upbringing, which in this case was not …show more content…
This principle is applied within other cases, but has now limited scope as of Lord Hoffman’s judgment in Wainwright v Home Office, which stated, “You have to be really careful about what you mean by intend”. Wright J wanted to narrow down this concept as he felt that the appellant should win within Janvier v Sweeney, but the judgment was prevented as of previous precedent. Therefore to use the principle of Wilkinson as a liability, the respondent must act in an unjustifiable way and either intend to cause harm or act without caring about the consequences. As the father had full knowledge of what risks the publication of the book could cause to OPO, and still wanted to go ahead with the publishing of it, he then is responsible for the intend of causing psychiatric harm. For that reason, an injunction is granted on the publishing of “The Work” and is pending full trial scheduled for April 2015