WXY v Gewanter & Ors [2012] EWHC 1071 (QB) (27 April 2012)

WXY v Gewanter & Ors [2012] EWHC 1071 (QB) (27 April 2012)

The balance of prejudice favoured extending time for payment of the outstanding costs orders until after trial, as compelling the defendants to pay before trial could seriously affect their ability to defend the action, and the claimant would suffer no financial prejudice. The majority of the disputed emails were privileged, but a group of emails between 3 July and 24 August 2009 were not privileged as they were not created for the dominant purpose of litigation or legal advice. The attached photograph was not privileged and was disclosable.

Citation
[2012] EWHC 1071
Parties
Claimant: WXY; First Defendant: Henry Gewanter; Second Defendant: Public Profile Limited; Third Defendant: Mark Burby
Jurisdiction
England and Wales
Judgment Date
27 April 2012
Procedural Posture
Civil / Interlocutory Appeal and Application for Specific Disclosure
Outcome
Appeal allowed in part; application for specific disclosure allowed in part.
Legal Topics
Costs Orders, Specific Disclosure, Privilege (legal Professional and Common Interest), Misuse of Private Information, Breach of Confidence, Harassment, Interim Injunctions
Civil Procedure Privacy Law Media Law Costs Orders Specific Disclosure Privilege (legal Professional and Common Interest) Misuse of Private Information Breach of Confidence +2 more

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Parties

WXY

Claimant

Henry Gewanter

First Defendant

Public Profile Limited

Second Defendant

Mark Burby

Third Defendant

Procedural Posture

Civil / Interlocutory Appeal and Application for Specific Disclosure

Legal Issues

  1. 1 Whether the Master's costs orders against the first and second defendants should be set aside or varied
  2. 2 Whether the first and second defendants are entitled to claim privilege over certain communications with the third defendant
  3. 3 Whether the claimant is entitled to specific disclosure of documents withheld on grounds of privilege

Ratio Decidendi

The balance of prejudice favoured extending time for payment of the outstanding costs orders until after trial, as compelling the defendants to pay before trial could seriously affect their ability to defend the action, and the claimant would suffer no financial prejudice. The majority of the disputed emails were privileged, but a group of emails between 3 July and 24 August 2009 were not privileged as they were not created for the dominant purpose of litigation or legal advice. The attached photograph was not privileged and was disclosable.

Court Disposition

Appeal allowed in part; application for specific disclosure allowed in part.

Orders

  • Time for payment of the outstanding costs orders extended until after the conclusion of the trial.
  • Claimant to have her costs of the specific disclosure application, assessed at £12,000, payable by the defendants at the conclusion of the trial.