WXY v Gewanter & Ors [2013] EWHC 589 (QB) (14 March 2013)

WXY v Gewanter & Ors [2013] EWHC 589 (QB) (14 March 2013)

Damages for harassment and misuse of private information should not be assessed separately; distress caused by both actual and threatened publication justifies a single award. The seriousness of the conduct, sensitive nature of information, and deliberate pressure for financial gain warrant a substantial award, but the injunction already provides significant vindication.

Citation
[2013] EWHC 589
Parties
Claimant: WXY; First Defendant: Henry Gewanter; Second Defendant: Positive Profile Ltd; Third Defendant: Mark Burby
Jurisdiction
England and Wales
Judgment Date
14 March 2013
Procedural Posture
Assessment of Damages Following Judgment on Liability for Harassment, Misuse of Private Information, and Breach of Confidence / Post Liability Damages Assessment
Outcome
Damages assessed in favour of claimant against third defendant.
Legal Topics
Harassment, Misuse of Private Information, Breach of Confidence, Damages Assessment, Aggravated Damages, Injunctions
Privacy Law Tort Law Civil Procedure Harassment Misuse of Private Information Breach of Confidence Damages Assessment Aggravated Damages +1 more

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Parties

WXY

Claimant

Henry Gewanter

First Defendant

Positive Profile Ltd

Second Defendant

Mark Burby

Third Defendant

Procedural Posture

Assessment of Damages Following Judgment on Liability for Harassment, Misuse of Private Information, and Breach of Confidence / Post Liability Damages Assessment

Legal Issues

  1. 1 Appropriate quantum of damages for harassment and misuse of private information
  2. 2 Whether damages for harassment and misuse of private information should be assessed separately
  3. 3 Effect of injunction on vindication of claimant's rights

Ratio Decidendi

Damages for harassment and misuse of private information should not be assessed separately; distress caused by both actual and threatened publication justifies a single award. The seriousness of the conduct, sensitive nature of information, and deliberate pressure for financial gain warrant a substantial award, but the injunction already provides significant vindication.

Court Disposition

Damages assessed in favour of claimant against third defendant.

Orders

  • Third Defendant to pay £24,950 in damages, including £5,000 aggravated damages.
  • Final injunctions restraining Third Defendant from disclosing specified confidential information, threatening such disclosures, or harassing Claimant remain in force.