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; the distress arose from both actual and threatened publications, and the sensitive nature of the information and deliberate conduct for financial gain justified a serious award. The grant of injunction provided substantial vindication, but aggravated damages were warranted due to the oppressive conduct.

Citation
[2013] EWHC 589 (QB)
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 Liability Judgment / Post Trial Damages Assessment
Outcome
Damages assessed for Claimant against Third Defendant
Legal Topics
Misuse of Private Information, Aggravated Damages, Injunctions, Assessment of Damages
Privacy Harassment Breach of Confidence Misuse of Private Information Aggravated Damages Injunctions Assessment of Damages

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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 Liability Judgment / Post Trial 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 Entitlement to aggravated damages

Ratio Decidendi

Damages for harassment and misuse of private information should not be assessed separately; the distress arose from both actual and threatened publications, and the sensitive nature of the information and deliberate conduct for financial gain justified a serious award. The grant of injunction provided substantial vindication, but aggravated damages were warranted due to the oppressive conduct.

Court Disposition

Damages assessed for Claimant against Third Defendant

Orders

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