Al-Ko Kober Ltd & Anor v Sambhi

Al-Ko Kober Ltd & Anor v Sambhi

The defendant's statements in the videos were based on a false premise that the claimants guaranteed the AKS Stabiliser would prevent snaking; no reasonable fact finder could conclude otherwise. The statements were extreme, false, and published maliciously, causing serious harm to the claimants' reputation and business. The defendant unlawfully processed personal data relating to Mr Jones without meeting any Schedule 2 condition under the Data Protection Act 1998.

Parties
Claimant: AL-KO KOBER LIMITED; Claimant: Paul Jones; Defendant: Balvinder Sambhi
Jurisdiction
England and Wales
Judgment Date
13 September 2019
Procedural Posture
Civil / Summary Judgment
Outcome
Summary judgment granted for claimants.
Legal Topics
Defamation, Malicious Falsehood, Data Protection, Summary Judgment, Strike Out, Injunction
Defamation Malicious Falsehood Data Protection Summary Judgment Strike Out Injunction

Case Brief

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Parties

AL-KO KOBER LIMITED

Claimant

Paul Jones

Claimant

Balvinder Sambhi

Defendant

Procedural Posture

Civil / Summary Judgment

Legal Issues

  1. 1 Whether the defendant's statements in YouTube videos were defamatory and false.
  2. 2 Whether the defendant acted maliciously in publishing false statements about the claimants.
  3. 3 Whether the defendant unlawfully processed personal data of the second claimant in breach of the Data Protection Act 1998.

Ratio Decidendi

The defendant's statements in the videos were based on a false premise that the claimants guaranteed the AKS Stabiliser would prevent snaking; no reasonable fact finder could conclude otherwise. The statements were extreme, false, and published maliciously, causing serious harm to the claimants' reputation and business. The defendant unlawfully processed personal data relating to Mr Jones without meeting any Schedule 2 condition under the Data Protection Act 1998.

Court Disposition

Summary judgment granted for claimants.

Orders

  • Final injunction in terms of paragraph 2 of Whipple J's Order of 6 October 2017 restraining defendant from publishing specified statements and processing personal data relating to Mr Jones.
  • Damages to be determined at a further hearing if claimants wish to pursue.