Dr Erica Smith v Dr Christopher Backhouse

Dr Erica Smith v Dr Christopher Backhouse

The judge erred in law by failing to give proper weight to the settlement agreement and by not applying the proportionality test required when restricting freedom of expression. The undertakings were not too broad or vague, and should be accepted by the court, subject to a proviso allowing citation of scientific works.

Parties
Claimant/appellant: Dr Erica Smith; Defendant/respondent: Dr Christopher Backhouse; Advocate to the Court: Naina Patel
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Protection From Harassment Act 1997, Misuse of Private Information, GDPR, Data Protection Act 2018, Consent Orders, Part 36 Offers, Undertakings to Court, Freedom of Expression
Civil Procedure Harassment Data Protection Media Law Protection From Harassment Act 1997 Misuse of Private Information GDPR Data Protection Act 2018 +4 more

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Parties

Dr Erica Smith

Claimant/appellant

Dr Christopher Backhouse

Defendant/respondent

Naina Patel

Advocate to the Court

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the court can refuse to accept undertakings agreed as part of a Part 36 settlement offer
  2. 2 Whether the undertakings were too broad or vague to be accepted by the court
  3. 3 Whether the court should accept undertakings restricting freedom of expression in the context of settlement agreements

Ratio Decidendi

The judge erred in law by failing to give proper weight to the settlement agreement and by not applying the proportionality test required when restricting freedom of expression. The undertakings were not too broad or vague, and should be accepted by the court, subject to a proviso allowing citation of scientific works.

Court Disposition

Appeal allowed

Orders

  • Paragraphs (1)-(3) of the undertaking must be accepted, subject to a proviso allowing citation of scientific works.
  • Schedule to be appended to the order setting out the paragraphs of the Undertaking.