WXY v Gewanter & Ors

WXY v Gewanter & Ors

Damages for harassment and misuse of private information should not be assessed separately where the distress arises from the same conduct; the appropriate award, including aggravated damages, is £24,950, reflecting the seriousness of the case, the nature of the information, and the deliberate conduct for financial gain, but taking into account the vindication already achieved by the injunction.

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
Civil / Assessment of Damages Following Judgment on Liability
Outcome
Damages assessed for the Claimant against the Third Defendant; application for adjournment and further directions refused.
Legal Topics
Misuse of Private Information, Breach of Confidence, Harassment, Damages Assessment, Injunctions
Tort Privacy Harassment Misuse of Private Information Breach of Confidence Damages Assessment Injunctions

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Parties

WXY

Claimant

Henry Gewanter

First Defendant

Positive Profile Ltd

Second Defendant

Mark Burby

Third Defendant

Procedural Posture

Civil / Assessment of Damages Following Judgment on Liability

Legal Issues

  1. 1 Whether further directions or adjournment are required before assessment of damages
  2. 2 Appropriate quantum of damages for harassment and misuse of private information
  3. 3 Whether damages for harassment and misuse of private information should be awarded separately or together

Ratio Decidendi

Damages for harassment and misuse of private information should not be assessed separately where the distress arises from the same conduct; the appropriate award, including aggravated damages, is £24,950, reflecting the seriousness of the case, the nature of the information, and the deliberate conduct for financial gain, but taking into account the vindication already achieved by the injunction.

Court Disposition

Damages assessed for the Claimant against the Third Defendant; application for adjournment and further directions refused.

Orders

  • Assessment of damages in the sum of £24,950, including £5,000 aggravated damages
  • No further directions or adjournment granted