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An injunction application that found its way to the High Court without proceedings being issued has been thrown out.
Claimant Noel Martin instructed Hardwicke’s Mark Engelman directly on the injunction against Channel 4, Century Films and director Estephan Wagner to prevent them from airing a documentary about his life.
In handing down his judgment, Mr Justice Eady said he could see “no good reason” for the claimant not to have issued formal proceedings.
Martin appeared to have made undertakings with regard to damages, but Eady J said this could only be considered a draft application.
His ruling read: “It’s quite apparent from the (draft) order […] that its draftsman was only too aware that proceedings should be issued ‘as soon as practicable’. This is no doubt how the undertaking came to be included in the schedule.”
Eady J noted that Channel 4 had agreed not to air the film and offered to edit scenes that offended the client, albeit without conceding that Martin should be given editorial control.
Martin was subjected to a racist attack by neo-Nazis in Germany in 1996 that left him quadriplegic and dependent on round-the-clock carers.
Charles Russell partner Duncan Lamont instructed 5 Raymond Buildings’ Jacob Dean for the defendants.