Hannon & Anor v News Group Newspapers Ltd & Anor [2014] EWHC 1580 (Ch) (16 May 2014)

Hannon & Anor v News Group Newspapers Ltd & Anor [2014] EWHC 1580 (Ch) (16 May 2014)

The claims are not plainly abusive or unarguable as a matter of law. It is not established with sufficient clarity that reputational harm can only be claimed in defamation and not in privacy/confidence actions. The applications to strike out are refused; the matters should proceed to trial for full consideration of the legal and factual issues.

Citation
[2014] EWHC 1580 (Ch)
Parties
Claimant: Sarah Hannon; Claimant: Daniel Dufour; First Defendant: News Group Newspapers Limited; Second Defendant: Commissioner of Police of the Metropolis
Jurisdiction
England and Wales
Judgment Date
16 May 2014
Procedural Posture
Civil / Interlocutory Application to Strike Out Claims
Outcome
Applications to strike out refused; claims to proceed to trial.
Legal Topics
Misuse of Private Information, Breach of Confidence, Defamation, Abuse of Process, Human Rights (article 8 Echr)
Media Law Privacy Law Tort Law Misuse of Private Information Breach of Confidence Defamation Abuse of Process Human Rights (article 8 Echr)

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Parties

Sarah Hannon

Claimant

Daniel Dufour

Claimant

News Group Newspapers Limited

First Defendant

Commissioner of Police of the Metropolis

Second Defendant

Procedural Posture

Civil / Interlocutory Application to Strike Out Claims

Legal Issues

  1. 1 Whether claims for breach of confidence and misuse of private information are an abuse of process when the nub of the claim is reputational damage
  2. 2 Whether such claims should have been brought in defamation and are now statute barred
  3. 3 Whether damage to reputation can be claimed under privacy/confidence actions or only in defamation

Ratio Decidendi

The claims are not plainly abusive or unarguable as a matter of law. It is not established with sufficient clarity that reputational harm can only be claimed in defamation and not in privacy/confidence actions. The applications to strike out are refused; the matters should proceed to trial for full consideration of the legal and factual issues.

Court Disposition

Applications to strike out refused; claims to proceed to trial.

Orders

  • Claims not struck out.
  • Confidentiality of journalist and police officer identities to be maintained.