WXY v Gewanter & Ors

WXY v Gewanter & Ors

The appeal against the Master's costs orders failed on the merits, but time for payment of the outstanding costs orders was extended until after the conclusion of the trial due to the balance of prejudice and the defendants' financial circumstances. The claimant's application for specific disclosure succeeded in part, as certain emails were not privileged and had to be disclosed, while others were protected by privilege. The claimant was awarded costs of the disclosure application, assessed at £12,000, payable at the conclusion of the trial.

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 against costs orders dismissed; time for payment of costs extended until after trial; claimant's application for specific disclosure granted in part.
Legal Topics
Costs Orders, Specific Disclosure, Privilege (legal Professional and Common Interest), Misuse of Private Information, Breach of Confidence, Harassment
Civil Procedure Privacy Law Media Law Costs Orders Specific Disclosure Privilege (legal Professional and Common Interest) Misuse of Private Information Breach of Confidence +1 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 erred in making costs orders against the first and second defendants and in assessing costs summarily
  2. 2 Whether time for payment of costs should be extended until after trial due to the defendants' financial circumstances
  3. 3 Whether certain communications between the defendants and the third defendant were protected by legal professional or common interest privilege and thus exempt from disclosure

Ratio Decidendi

The appeal against the Master's costs orders failed on the merits, but time for payment of the outstanding costs orders was extended until after the conclusion of the trial due to the balance of prejudice and the defendants' financial circumstances. The claimant's application for specific disclosure succeeded in part, as certain emails were not privileged and had to be disclosed, while others were protected by privilege. The claimant was awarded costs of the disclosure application, assessed at £12,000, payable at the conclusion of the trial.

Court Disposition

Appeal against costs orders dismissed; time for payment of costs extended until after trial; claimant's application for specific disclosure granted in part.

Orders

  • Time for payment of outstanding costs orders extended until after conclusion of trial
  • Claimant's application for specific disclosure granted in part; certain emails to be disclosed