WXY v Gewanter & Ors [2012] EWHC 496 (QB) (06 March 2012)

WXY v Gewanter & Ors [2012] EWHC 496 (QB) (06 March 2012)

The information in question was private and/or confidential, and the Third Defendant knew or ought to have known this. The sexual, perjury, and terrorism allegations were not credible or from reliable sources, and there was no public interest in their publication. The conduct of the Third Defendant in publishing and threatening to publish private information, particularly in the context of seeking payment of a debt, amounted to harassment. The Claimant was entitled to final injunctive relief restraining further publication or threats of publication and to damages for breach of confidence, misuse of private information, and harassment.

Citation
[2012] EWHC 496
Parties
Claimant: WXY; First Defendant: Henry Gewanter; Second Defendant: Positive Profile Ltd; Third Defendant: Mark Burby
Jurisdiction
England and Wales
Judgment Date
06 March 2012
Procedural Posture
Civil (queen's Bench Division) / Final Judgment After Trial (against Third Defendant Only; Proceedings Against First and Second Defendants Adjourned)
Outcome
Claim allowed against the Third Defendant (Mark Burby). Final injunction granted. Damages awarded.
Legal Topics
Breach of Confidence, Misuse of Private Information, Protection From Harassment Act 1997, Article 8 ECHR (right to Privacy), Article 10 ECHR (freedom of Expression), Public Interest Defence, Interim and Final Injunctions
Privacy Law Confidentiality Harassment Human Rights Breach of Confidence Misuse of Private Information Protection From Harassment Act 1997 Article 8 ECHR (right to Privacy) +3 more

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Parties

WXY

Claimant

Henry Gewanter

First Defendant

Positive Profile Ltd

Second Defendant

Mark Burby

Third Defendant

Procedural Posture

Civil (queen's Bench Division) / Final Judgment After Trial (against Third Defendant Only; Proceedings Against First and Second Defendants Adjourned)

Legal Issues

  1. 1 Whether the information published or threatened to be published was private or confidential and known to be such by the Third Defendant
  2. 2 Whether the Third Defendant published or threatened to publish private/confidential information
  3. 3 Whether any public interest justified publication of the information

Ratio Decidendi

The information in question was private and/or confidential, and the Third Defendant knew or ought to have known this. The sexual, perjury, and terrorism allegations were not credible or from reliable sources, and there was no public interest in their publication. The conduct of the Third Defendant in publishing and threatening to publish private information, particularly in the context of seeking payment of a debt, amounted to harassment. The Claimant was entitled to final injunctive relief restraining further publication or threats of publication and to damages for breach of confidence, misuse of private information, and harassment.

Court Disposition

Claim allowed against the Third Defendant (Mark Burby). Final injunction granted. Damages awarded.

Orders

  • Permanent injunction restraining the Third Defendant from publishing or disclosing private or confidential information as specified in the Confidential Schedule.
  • Permanent injunction restraining the Third Defendant from harassing the Claimant.