John Doe is the term given to a defendant whose identity is unknown. It derives from American police shows where unidentified dead bodies were referred to by the police as John or Jane Doe.
Using the John Doe concept, it’s possible to obtain an injunction even if the identity of the wrongdoer or potential wrongdoer is not known. Proceedings can be issued naming the unknown wrongdoer as “John Doe”. If their identity later becomes known, their name will be substituted instead. The John Doe Order can then be served on third parties, such as the media. As a result, they will be prohibited from assisting the John Doe in the wrongdoing; for example, they will be prevented from publishing confidential information the John Doe is trying to leak.
A John Doe Order is an extremely useful tool in media law as frequently the identity of a wrongdoer is not known. For example, an anonymous person might be trying to blackmail someone or an unidentifiable photographer may have taken intrusive long lens photographs and be trying to sell them. It had not been used in law for centuries, until Schillings revived it on behalf of Bloomsbury Publishers when an anonymous person was trying to sell the unpublished fifth Harry Potter book.
Schillings are the leading lawyers in reputation management and brand protection; specialising in defamation and privacy for private clients and corporate organisations. Schillings have a very active dispute resolution department and we also provide family and matrimonial advice to our private client base of high-net worth individuals and celebrities. In addition, our sports department manages work in reputational, regulatory and sports sponsorship matters for some of the highest profile sports stars, brands and clubs.
If you have any queries please contact Schillings on 020 7034 9000 or email us at legal@schillings.co.uk