Wilson v Mendelsohn & Ors [2024] EWHC 821 (KB) (10 April 2024)

Wilson v Mendelsohn & Ors [2024] EWHC 821 (KB) (10 April 2024)

Disclosure by the first defendant of the university grievance information to a third party was a misuse of private information and breach of confidence, as the information was confidential and there was a reasonable expectation of privacy. The Facebook post and screenshot did not attract a reasonable expectation of privacy as the claimant's conduct occurred in public and did not relate to his private life. The screenshot and its republication were defamatory of the claimant, and the defences of truth and honest opinion failed as the factual basis for the allegations was not established. The claimant was entitled to damages for misuse of private information and defamation.

Citation
[2024] EWHC 821 (KB)
Parties
Claimant: James Wilson; First Defendant: James Mendelsohn; Second Defendant: Peter Newbon; Third Defendant: Edward Cantor
Jurisdiction
England and Wales
Judgment Date
10 April 2024
Procedural Posture
Civil Tort (defamation, Misuse of Private Information, Data Protection) / Final Judgment After Trial
Outcome
Claim for misuse of private information (university information) and defamation succeeded; claim for misuse of private information (Facebook post/screenshot) dismissed.
Legal Topics
Misuse of Private Information, Breach of Confidence, Defamation Truth Defence, Defamation Honest Opinion Defence, Article 8 ECHR (right to Privacy), Article 10 ECHR (freedom of Expression)
Defamation Privacy Law Data Protection Tort Misuse of Private Information Breach of Confidence Defamation Truth Defence Defamation Honest Opinion Defence +2 more

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Parties

James Wilson

Claimant

James Mendelsohn

First Defendant

Peter Newbon

Second Defendant

Edward Cantor

Third Defendant

Procedural Posture

Civil Tort (defamation, Misuse of Private Information, Data Protection) / Final Judgment After Trial

Legal Issues

  1. 1 Whether disclosure of university grievance information constituted misuse of private information and/or breach of confidence
  2. 2 Whether publication of a Facebook post screenshot constituted misuse of private information
  3. 3 Whether publication of the screenshot and related tweets was defamatory of the claimant

Ratio Decidendi

Disclosure by the first defendant of the university grievance information to a third party was a misuse of private information and breach of confidence, as the information was confidential and there was a reasonable expectation of privacy. The Facebook post and screenshot did not attract a reasonable expectation of privacy as the claimant's conduct occurred in public and did not relate to his private life. The screenshot and its republication were defamatory of the claimant, and the defences of truth and honest opinion failed as the factual basis for the allegations was not established. The claimant was entitled to damages for misuse of private information and defamation.

Court Disposition

Claim for misuse of private information (university information) and defamation succeeded; claim for misuse of private information (Facebook post/screenshot) dismissed.

Orders

  • First defendant to pay damages for misuse of private information and defamation.
  • Third defendant to pay damages for defamation.