Wilson v Mendelsohn & Ors [2023] EWHC 231 (KB) (09 February 2023)

Wilson v Mendelsohn & Ors [2023] EWHC 231 (KB) (09 February 2023)

The application to strike out or summarily dismiss the claims failed except for the harassment claim against the third defendant, as the pleaded facts in respect of the first defendant were at least arguably sufficient to meet the legal thresholds for harassment, libel, misuse of private information, and data protection, and the claims were not a Jameel abuse. The harassment claim against the third defendant failed for lack of a course of conduct.

Citation
[2023] EWHC 231 (KB)
Parties
Claimant: James Wilson; First Defendant: James Mendelsohn; Second Defendant: Peter Newbon; Third Defendant: Edward Cantor
Jurisdiction
England and Wales
Judgment Date
09 February 2023
Procedural Posture
Application to Strike Out / Summary Judgment in Tort and Data Protection Claims / Interlocutory Application Before Trial
Outcome
Application dismissed except for harassment claim against third defendant, which is struck out.
Legal Topics
Harassment, Libel, Misuse of Private Information, Data Protection (gdpr), Accessory Liability, Jameel Abuse, Serious Harm Threshold
Tort Defamation Data Protection Privacy Harassment Libel Misuse of Private Information Data Protection (gdpr) +3 more

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Parties

James Wilson

Claimant

James Mendelsohn

First Defendant

Peter Newbon

Second Defendant

Edward Cantor

Third Defendant

Procedural Posture

Application to Strike Out / Summary Judgment in Tort and Data Protection Claims / Interlocutory Application Before Trial

Legal Issues

  1. 1 Whether the claims in harassment, libel, misuse of private information, and data protection should be struck out or summarily dismissed against the first and third defendants
  2. 2 Whether the pleaded facts meet the threshold for harassment under the Protection from Harassment Act 1997
  3. 3 Whether the libel claim meets the 'serious harm' requirement under section 1(1) of the Defamation Act 2013

Ratio Decidendi

The application to strike out or summarily dismiss the claims failed except for the harassment claim against the third defendant, as the pleaded facts in respect of the first defendant were at least arguably sufficient to meet the legal thresholds for harassment, libel, misuse of private information, and data protection, and the claims were not a Jameel abuse. The harassment claim against the third defendant failed for lack of a course of conduct.

Court Disposition

Application dismissed except for harassment claim against third defendant, which is struck out.

Orders

  • Harassment claim against third defendant dismissed for lack of course of conduct.
  • All other claims to proceed to trial.