30 June 2006
From: "Michael Flanigan" <michael[at]michael-flanigan.com>
Subject: freddie scappaticci
Date: Fri, 30 Jun 2006 16:04:13 +0100
I enclose herewith copy injunction order made on the 29th June 2006 by way of service.
Original in .DOC format: http://cryptome.org/scappaticci-gag.doc
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
BEFORE THE HONOURABLE MR JUSTICE WEIR
on Thursday the 29th day of June 2006
INDEPENDENT NEWS & MEDIA LIMITED
ORDER FOR AN INJUNCTION
NOTICE TO THE DEFENDANT
(1) This Order [prohibits you from doing] [obliges you to do] the acts set out in this Order. [You should read it all carefully. You are advised to consult a Solicitor as soon as possible.] You have a right to ask the Court to vary or discharge this Order.
(2) If you disobey this Order you may be found guilty of Contempt of Court and [any of your directors] may be sent to prison or fined [and you may be fined] and your assets may be seized.
UPON hearing counsel for the Plaintiff,
AND UPON reading the Plaintiffs affidavit and exhibits,
AND UPON the Plaintiff by his counsel accepting the undertakings set out at paragraph 5 of this Order,
IT IS ORDERED that until further Order of the Court:
1. An injunction is hereby granted restraining the Defendants and any person with notice of this Order (whether by themselves or by their servants or agents or otherwise however or in the case of a company whether by its directors or officers or servants or agents or otherwise howsoever) from:
(i) publishing or causing to be published in any newspaper or broadcasting in any sound or television broadcast or by means of any cable or satellite programme service or public computer network:a) Any proposed new name of the Plaintiff
b) the address or any details which could lead to information about the whereabouts, care or treatment of him until further Order
c) any depiction or painting or drawing or photograph or film made or taken of the Plaintiff after 11th May 2003
d) any depiction or painting or drawing or photograph or film whenever made or taken of any place or premises where the Plaintiff attends or is kept which links that place or premises with the presence of the Plaintiff
e) any description or location of the accommodation or nature of the premises in which the Plaintiff resides;
f) the nature of and location of the Plaintiffs employment.
(ii) Soliciting any information in paragraph 1 at any time from any person
(iii) Soliciting any information or material in relation to the care or treatment of the Plaintiff from any person or directly approaching the Plaintiff.
(iv) Publishing the name of any doctor who has treated or prepared a report concerning the Plaintiff or any material contained in any such report.
PROVIDED THAT nothing in this Order shall of itself prevent any person
(i) Publishing any particulars of information relating to any part of the proceedings before any court other than a court sitting in private
(ii) Publishing any information lawfully in the public domain
(iii) Soliciting information in the course of or for the purpose of the exercise by the person soliciting such information of any duty or function authorised by statute or by any court of competent jurisdiction
PARAGRAPH (1) ABOVE SHALL APPLY SUBJECT TO THE FOLLOWING PROVISO in relation to any internet service provider (ISP), its employees and agents:
(a) An ISP shall not be in breach of this injunction unless it, or any of its employees or agents:(i) knew that the material had been placed on its servers or could be accessed via its service; or
(ii) knew that the material was to be placed on its servers, or was likely to be placed on its servers or was likely to be accessed by its service; and in either case
(iii) failed to take all reasonable steps to prevent the publication;
(b) An employee or agent of an ISP shall not be in breach of the injunction unless he or it;(i) knew that the material had been placed on its servers or could be accessed via its service; or
(ii) knew that material was to be placed on its servers, or was likely to be placed on its servers or was likely to be accessed via its service; and in either case
(iii) failed to take all reasonable steps to prevent the publication and to induce the ISP to prevent the publication;
( c) An ISP, employee or agent shall be considered to know anything which he or it would have known if he or it had taken reasonable steps to find out;
(d) Taking all reasonable steps to prevent the publication includes the taking of all reasonable steps to remove the material from the ISPs servers or to block access to the material.
2. Proviso (ii) to paragraph 1 of this Order shall not apply so as to permit the publication of material failing within paragraphs 1 (1) (a) to (f) of this Order merely on the ground that such material has at any time been published on the internet and/or outside the United Kingdom.
3. Copies of this Order endorsed with a penal notice be served by the Plaintiffs solicitors on:
(a) Such newspapers and sound or television broadcasting or cable or satellite programme services and public computer networks as they may think fit, in the case of a public computer network, by email and in other case by facsimile transmission to the Editor in the case of a newspaper or Senior News Editor in the case of a broadcasting or cable or satellite programme service, or person responsible for any public computer network in the case of that network; and
(b) On such other persons as the Plaintiffs solicitors may think fit in each case by personal service.
4. Any person affected by the injunction set out at paragraph 1 above is at liberty to apply on seven days notice in writing to all parties.
5. The Plaintiff gives an undertaking to damages in respect of loss and damage sustained by the Defendants as a result of this Order.
6. There shall be no Order as to costs of these proceedings, save that the Plaintiffs costs of this application shall be taxed as those of an assisted person.
Time Occupied: 29 June 2006 1 hour 10 mins
All communications to the Court about this Order should be sent to Room 1-19A, Royal Courts of Justice, Chichester Street, Belfast, BT1 3JF quoting the case number. The Office is open between 10.00 am and 4.30 pm Monday to Friday. The telephone number is 028 90724665.
Filed Date 30 June 2006