Essay on Summary : ' The Work '

971 Words Nov 16th, 2014 4 Pages
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 to get hold of it in Ruritania, it would lead him to suffer from psychological damage.

OPO claimed an injunction towards the publication of the book, on grounds that his father would commit tort. Three issues were raised: private information about MLA would be misused and will interfere with son’s private life under article 8 in the European Convention of Human Rights, liability in negligence and, whether MLA intended to cause harm to OPO under the legal principle in Wilkinson v Downton?

Bean J rejected this claim, on the basis that the mother was trying to stop the father from publishing his life story, as it would traumatise OPO if he came to contact with it. However, factual evidence stated that OPO was unlikely to come to…

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