Miller v Overseas Newspaper (No 2)

The plaintiff, Miller, sought interim injunctions against the defendant, Overseas Newspaper, to restrain publication of defamatory articles about Miller. The injunctions were granted by the court without notice to the defendant. Subsequently, Miller was arrested and charged with criminal offences which were the subject of the restrained publication. The charges were widely reported by other media outlets, leading to the plaintiff applying to revoke the injunctions. The court was required to consider the circumstances in which the interim injunctions were granted, and whether they should be revoked in light of the plaintiff's arrest and the subsequent reporting by other media outlets.

The court considered the relevant principles and authorities regarding the revocation of interim injunctions and the public interest in the free flow of information. The court found that the plaintiff's arrest and the subsequent reporting by other media outlets had significantly changed the circumstances in which the injunctions were originally granted. The court found that the public interest in the free flow of information outweighed the need to protect the plaintiff from potential harm from the publication of the articles. The court concluded that the injunctions should be revoked.

The court revoked the interim injunctions and ordered that the defendant be at liberty to publish the articles in question. The court noted that the plaintiff could seek further relief if the articles were published and caused harm. The court also noted that the plaintiff's arrest and the subsequent reporting by other media outlets did not necessarily mean that the articles were true, and that the plaintiff still had the opportunity to seek damages for any defamation that occurred. The court emphasised the importance of the public interest in the free flow of information, and the need to balance this with the need to protect individuals from potential harm from the publication of defamatory material.