James Wilson v James Mendelsohn & Anor

James Wilson v James Mendelsohn & Anor

The claimant's claims for harassment against the first defendant, libel, misuse of private information, and data protection against the first and third defendants have a real prospect of success and should proceed to trial. The harassment claim against the third defendant fails for lack of a course of conduct and is struck out. The remaining claims are not Jameel abuses and cannot be summarily dismissed.

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
Civil / Ruling on Strike Out / Summary Judgment Application
Outcome
Application to strike out / summary judgment dismissed except for harassment claim against third defendant, which is struck out.
Legal Topics
Libel, Misuse of Private Information, Accessory Liability, GDPR, Jameel Abuse, Serious Harm, Harassment Under Protection From Harassment Act 1997
Defamation Data Protection Privacy Harassment Libel Misuse of Private Information Accessory Liability 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

Civil / Ruling on Strike Out / Summary Judgment Application

Legal Issues

  1. 1 Whether the claimant has a real prospect of success in claims for harassment, libel, misuse of private information, and data protection against the defendants
  2. 2 Whether the claims should be struck out or summary judgment granted for the defendants
  3. 3 Whether the conduct alleged meets the threshold for harassment under the Protection from Harassment Act 1997

Ratio Decidendi

The claimant's claims for harassment against the first defendant, libel, misuse of private information, and data protection against the first and third defendants have a real prospect of success and should proceed to trial. The harassment claim against the third defendant fails for lack of a course of conduct and is struck out. The remaining claims are not Jameel abuses and cannot be summarily dismissed.

Court Disposition

Application to strike out / summary judgment dismissed except for harassment claim against third defendant, which is struck out.

Orders

  • Harassment claim against third defendant dismissed.
  • All other claims to proceed to trial.