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CASE NO HO05X00419
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
BEFORE MR JUSTICE TUGENDHAT
Dated Thursday 28th July 2005
BETWEEN
SARAH BRANSON
Claimants
And
Thomas Moore
Defendant
ORDER
UPON hearing counsel for the claimant, the defendant neither present or represented.
AND UPON THE JUDGE reading the court bundle containing the Order of Mr Justice Sullivan dated 24th day of February 2005 in which it was ordered that:
- The Respondent is forbidden (whether by himself or by instructing or encouraging any other person to do so) from pursuing any conduct or carrying out any act which amounts to harassment of the Applicants. In particular (but without limiting the scope of this order to the matters referred to specifically below) the Respondent:
- Must not communicate with or make contact with the Applicants in person, by telephone, email or any other method other than through the Applicants' solicitors, Messrs Miles & Partners.
- Must not publish to any other person any false, abusive, offensive or defamatory statements concerning the Applicants whether by means of the internet or otherwise howsoever.
- Must not register or otherwise create any internet domain name or website title or meta tag which includes the names of the Applicants or otherwise refers to or identifies them.
- Must not make any statement whether by electronic or other means, including by email or postings to newsgroups or internet chat rooms, which purports to originate directly from the Applicants or would reasonably by understood to originate directly from the Applicants.
- Must not make any statement whether by electronic or other means, including by email or postings to newsgroups or internet chat rooms which is attributable to the Applicants without first giving notice to the Applicants and seeking the permission of the Court to do so.
- Must not create or publish on the internet any direct link to material on any website which is registered to the Respondent or over which the Respondent has control where such material relates to the Applicants.
- Must not log on to or otherwise participate in any interactive internet site utilising the identity of the Applicants or in circumstances where he would reasonably be identified as the Applicants.
- Must not publish confidential information concerning the Applicants including their home addresses and other private contact details.
- The Respondent is forbidden from continuing to publish on any website, the domain name of which is registered to him or over which he has control, and the Respondent must therefore remove by 10am on 28th February, any statement which asserts or suggests that the Applicants:
- have acted unethically or dishonestly;
- have committed any offence;
- have conducted an affair or have or have had a sexual relationship;
- are not competent in the exercise of their professions.
And having removed them must not then republish them on those or any other websites.
and the documents sent to the court by the Defendant dated 25th July 2005.
AND UPON the Court being satisfied that the Defendant has been properly served with notice of this Application and Hearing.
AND THE COURT being satisfied that the Defendant Thomas Moore has been guilty of Contempt of Court in failing to comply with the Order dated 24th February 2005 by harassing the Applicant, contrary to para 1 and in particular by:
- publishing to other persons false, abusive, offensive and defamatory statements concerning the Applicant by means of the internet contrary to para 1 (b).
- registering or otherwise creating an internet domain name or website title which includes the name of the Applicant and which refers to or identifies her, contrary to para 1 (c).
- making statements by electronic means including by postings to newsgroups or internet chat rooms, which purport to originate directly from the Applicant or would reasonably by understood to originate directly from her contrary to paragraph 1 (d).
- logging on to or otherwise participating in an interactive internet site utilising the identity of the Applicant or in circumstances where he would reasonably be identified as the Applicant contrary to para 1 (g).
2. The Respondent continued to publish on websites, the domain name of which are registered to him or over which he has control, and the Respondent has not removed, statements which assert or suggests that the Applicant:
- has acted unethically or dishonestly;
- has committed an offence;
- has conducted an affair or have or have had a sexual relationship with the second Claimant;
- is not competent in the exercise of her professions.
IT IS ORDERED THAT:
- Having found the alleged breaches of the injunction dated 24th February 2005 proved, the defendant is forthwith committed to custody for a period of six weeks.
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All applications and counter claims made by the Defendant by his acknowledgement of service and by his notice dated 25th July 2005 are hereby dismissed
.
- There be leave to disclose the trial bundle and note of Judgment filed in these proceedings to any person who intends to carry out an assessment of the Defendant under the Mental Health Act 1983.
- The Defendant to pay the Claimant's costs in the sum of £1,817.
- The contemnor has permission to apply to the Court to clear his contempt and ask for his release or discharge.
Dated 28th day of July 2005
BY THE COURT
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