ZAM v CFW & Anor [2013] EWHC 662 (QB) (26 March 2013)

ZAM v CFW & Anor [2013] EWHC 662 (QB) (26 March 2013)

The Second Defendant engaged in a campaign of blackmail and harassment by making and publishing entirely false and grave allegations of financial dishonesty and paedophilia against the Claimant, including to his employer, family, and a school, and aggravated the harm by publishing on the internet in breach of injunctions. The gravity of the allegations, the distress caused, and the defendant's conduct justify a substantial award of damages. Permanent anonymity is ordered to prevent further harm and not assist the blackmailer's aims.

Citation
[2013] EWHC 662 (QB)
Parties
Claimant: ZAM; First Defendant: CFW; Second Defendant: TFW
Jurisdiction
England and Wales
Judgment Date
26 March 2013
Procedural Posture
Civil (defamation, Harassment) / Assessment of Damages Following Summary Judgment on Liability
Outcome
Judgment for the Claimant against the Second Defendant; damages awarded; permanent injunction and anonymity order granted.
Legal Topics
Slander, Libel, Aggravated Damages, Anonymity Orders, Blackmail/extortion, Freedom of Expression, Injunctions, Open Justice, Protection From Harassment
Defamation Harassment Civil Procedure Human Rights Slander Libel Aggravated Damages Anonymity Orders +5 more

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Parties

ZAM

Claimant

CFW

First Defendant

TFW

Second Defendant

Procedural Posture

Civil (defamation, Harassment) / Assessment of Damages Following Summary Judgment on Liability

Legal Issues

  1. 1 Assessment of damages for slander, libel, and harassment
  2. 2 Appropriateness of permanent anonymity order for claimant
  3. 3 Whether internet publications can aggravate damages

Ratio Decidendi

The Second Defendant engaged in a campaign of blackmail and harassment by making and publishing entirely false and grave allegations of financial dishonesty and paedophilia against the Claimant, including to his employer, family, and a school, and aggravated the harm by publishing on the internet in breach of injunctions. The gravity of the allegations, the distress caused, and the defendant's conduct justify a substantial award of damages. Permanent anonymity is ordered to prevent further harm and not assist the blackmailer's aims.

Court Disposition

Judgment for the Claimant against the Second Defendant; damages awarded; permanent injunction and anonymity order granted.

Orders

  • Second Defendant to pay general damages for defamation and harassment
  • Permanent injunction restraining further publication of allegations