Interim Injunction – Wan-Bissaka and Another v Bentley

In the case of Wan-Bissaka and Another v Bentley [2020] EWHC 2340 (QB), the High Court granted a non-disclosure order in proceedings for misuse of private information, breach of confidence and harassment.

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Interim Injunction – Wan-Bissaka and Another v Bentley

In October 2020, the Defendant posted a message on Instagram thanking her followers for supporting her relationship with the First Claimant (Aaron Wan-Bissaka, the Manchester United and England footballer). The Defendant also congratulated the Claimants (Wan-Bissaka and his partner) on the forthcoming birth of their child.

Although the message seemed to imply that the First Claimant and the Defendant’s relationship had only very recently ended, it was in fact the case that their relationship had finished prior to the time at which the Claimants’ relationship had begun.

The Defendant went on to post a screenshot of private exchanges of messages with the Claimant whilst they were in a relationship.

Despite the Claimants sending a letter of claim, the Defendant failed to provide any undertakings regarding further publication of private material. The Claimants subsequently applied for an interim injunction to prevent the Defendant from publishing further private messages and photographs.

An undertaking was given by the Defendant until a further hearing could take place, however, the Defendant then failed to file any evidence or attend this subsequent hearing.

The application was granted in part and the Court was satisfied that there was a threat that the Defendant would publish more private information unless she was restrained from doing so. The Court was not, however, convinced that the breach of confidence and harassment claims added much to the claim.

The injunction was in favour of Wan-Bissaka only and was to last for three weeks whilst the Defendant was given an opportunity to obtain legal advice.

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