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 defendant knew or ought to have known this. There was no credible evidence to support a public interest defence, as the allegations were not shown to be true or from a reliable source. The defendant's conduct in publishing and threatening to publish the information, including via a website, was intended to pressure the claimant regarding the judgment debt and amounted to harassment. The claimant was entitled to final injunctive relief restraining publication or disclosure of the information and to damages for breach of confidence, misuse of private information, and harassment.

Citation
[2012] EWHC 496 (QB)
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 Privacy/confidentiality/harassment / Final Judgment After Trial (against Third Defendant Only; Proceedings Against First and Second Defendants Adjourned)
Outcome
Claim allowed against Third Defendant; final injunction granted; damages awarded.
Legal Topics
Breach of Confidence, Misuse of Private Information, Protection From Harassment Act 1997, Article 8 ECHR, Article 10 ECHR, 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 +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 Privacy/confidentiality/harassment / Final Judgment After Trial (against Third Defendant Only; Proceedings Against First and Second Defendants Adjourned)

Legal Issues

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

Ratio Decidendi

The information in question was private and/or confidential, and the defendant knew or ought to have known this. There was no credible evidence to support a public interest defence, as the allegations were not shown to be true or from a reliable source. The defendant's conduct in publishing and threatening to publish the information, including via a website, was intended to pressure the claimant regarding the judgment debt and amounted to harassment. The claimant was entitled to final injunctive relief restraining publication or disclosure of the information and to damages for breach of confidence, misuse of private information, and harassment.

Court Disposition

Claim allowed against Third Defendant; final injunction granted; damages awarded.

Orders

  • Permanent injunction restraining the Third Defendant from publishing or disclosing the specified private or confidential information and from harassing the Claimant.
  • Damages awarded to the Claimant for breach of confidence, misuse of private information, and harassment.