[1] James Rhodes' memoir is an account of the physical and sexual abuse he suffered as a young boy and his subsequent battles with drink, drugs and his own mental health.
[2] In February 2014 a draft of the book was leaked to Rhodes' ex-wife, Kathleen Tessaro,[3] who, in June 2014, sought an injunction on behalf of their son that would delete a large number of passages or prohibit publication entirely.
The son has been diagnosed with Asperger’s syndrome, attention deficit hyperactivity order, dyspraxia and dysgraphia and evidence was adduced that publication in the present form would cause severe emotional distress and psychological harm.
[4] The application for an interim injunction was dismissed by Bean J in July 2014 on the basis that an action in tort under Wilkinson v Downton [1897] EWHC 1 (QB) did not extend beyond false or threatening words.
[5] Arden, Jackson and McFarlane LLJ granted an interim injunction on the grounds that liability under Wilkinson v Downton can arise even if the statement is true.