Simon Bard Parkes v Toby Hall & Anor.

Simon Bard Parkes v Toby Hall & Anor.

Given the extreme seriousness of the defamatory allegations, their wide publication, the ongoing distress and reputational harm to Mr Parkes, the aggravating conduct of Mr Earnshaw, and the absence of any apology or mitigation, a compendious award of £35,000 in general and aggravated damages is appropriate. Injunctive relief is warranted to prevent further publication and harassment.

Parties
Claimant: Simon Bard Parkes; First Defendant: Toby Hall; Second Defendant: Stephen John Earnshaw (also known as Amora Steve Melchizadek)
Jurisdiction
England and Wales
Judgment Date
04 April 2023
Procedural Posture
Civil Defamation, Harassment, Data Protection, Privacy / Disposal Hearing Following Default Judgment
Outcome
Judgment for the claimant against the second defendant (Earnshaw) on damages and injunctive relief.
Legal Topics
Damages Assessment, Aggravated Damages, Injunctive Relief, Mitigation of Damages, Default Judgment, Joint Tortfeasors, Publication Extent, Vento Bands
Defamation Harassment Data Protection Privacy Damages Assessment Aggravated Damages Injunctive Relief Mitigation of Damages +4 more

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Parties

Simon Bard Parkes

Claimant

Toby Hall

First Defendant

Stephen John Earnshaw (also known as Amora Steve Melchizadek)

Second Defendant

Procedural Posture

Civil Defamation, Harassment, Data Protection, Privacy / Disposal Hearing Following Default Judgment

Legal Issues

  1. 1 Appropriate quantum of damages for defamation, harassment, misuse of private information, and data protection breaches
  2. 2 Whether aggravated damages should be awarded
  3. 3 Whether further injunctive relief is warranted

Ratio Decidendi

Given the extreme seriousness of the defamatory allegations, their wide publication, the ongoing distress and reputational harm to Mr Parkes, the aggravating conduct of Mr Earnshaw, and the absence of any apology or mitigation, a compendious award of £35,000 in general and aggravated damages is appropriate. Injunctive relief is warranted to prevent further publication and harassment.

Court Disposition

Judgment for the claimant against the second defendant (Earnshaw) on damages and injunctive relief.

Orders

  • Second defendant to pay the claimant £35,000 in general and aggravated damages.
  • Second defendant prohibited from making further publications about the claimant, publishing the claimant’s private information or personal data, or engaging in harassment of the claimant or his associates.