Palmer v Farmer & Ors [2023] EWHC 976 (KB) (28 April 2023)

Palmer v Farmer & Ors [2023] EWHC 976 (KB) (28 April 2023)

The claimant's claims for defamation and misuse of private information against the third and fourth defendants were struck out because there was no real prospect of establishing serious harm to reputation or actionable misuse of private information, given the limited internal circulation of the emails, lack of evidence of adverse impact, and the fact that the originators of the false allegation had already apologised and paid substantial damages. The claims were also struck out as an abuse of process under the Jameel jurisdiction.

Citation
[2023] EWHC 976 (KB)
Parties
Claimant: James Palmer; First Defendant: PC Colin Farmer; Second Defendant: Metropolitan Police Service; Third Defendant: Sutton Housing Partnership; Fourth Defendant: Mayor and Burgesses of the London Borough of Sutton
Jurisdiction
England and Wales
Judgment Date
28 April 2023
Procedural Posture
Civil Defamation and Misuse of Private Information / Summary Judgment and Application to Amend Pleadings
Outcome
Defamation and misuse of private information claims struck out; application to amend refused; data protection claims to be transferred to County Court and stayed for ADR.
Legal Topics
Serious Harm Under Defamation Act 2013, Jameel Abuse Jurisdiction, Misuse of Private Information, Summary Judgment, Data Protection Claims
Defamation Privacy Law Data Protection Serious Harm Under Defamation Act 2013 Jameel Abuse Jurisdiction Misuse of Private Information Summary Judgment Data Protection Claims

Case Brief

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Parties

James Palmer

Claimant

PC Colin Farmer

First Defendant

Metropolitan Police Service

Second Defendant

Sutton Housing Partnership

Third Defendant

Mayor and Burgesses of the London Borough of Sutton

Fourth Defendant

Procedural Posture

Civil Defamation and Misuse of Private Information / Summary Judgment and Application to Amend Pleadings

Legal Issues

  1. 1 Whether the publications caused or were likely to cause serious harm to the claimant's reputation under section 1 of the Defamation Act 2013
  2. 2 Whether the claims for misuse of private information met the threshold of seriousness
  3. 3 Whether the claims should be struck out as Jameel abuse

Ratio Decidendi

The claimant's claims for defamation and misuse of private information against the third and fourth defendants were struck out because there was no real prospect of establishing serious harm to reputation or actionable misuse of private information, given the limited internal circulation of the emails, lack of evidence of adverse impact, and the fact that the originators of the false allegation had already apologised and paid substantial damages. The claims were also struck out as an abuse of process under the Jameel jurisdiction.

Court Disposition

Defamation and misuse of private information claims struck out; application to amend refused; data protection claims to be transferred to County Court and stayed for ADR.

Orders

  • Summary judgment for the third and fourth defendants on defamation and misuse of private information claims
  • Refusal of claimant's application to amend Particulars of Claim as regards libel and misuse of private information