Ameyaw v McGoldrick & Ors (Rev 1)

Ameyaw v McGoldrick & Ors (Rev 1)

The claimant's claims in libel, malicious falsehood, breach of confidence, misuse of private information, harassment, negligence, and other torts were struck out or dismissed by summary judgment due to failure to plead or evidence serious harm, limitation, absolute and qualified privilege, issue estoppel, re-litigation abuse, and procedural deficiencies. The claim for breach of data protection rights was not struck out but transferred to the County Court. Injunctions to restrain use of medical information were refused as unnecessary and disproportionate.

Parties
Claimant: Yvonne Ameyaw; Defendant: Christine McGoldrick; Defendant: Louise Coyne; Defendant: PricewaterhouseCoopers Services Limited
Jurisdiction
England and Wales
Judgment Date
12 November 2020
Procedural Posture
Civil / Judgment on Applications for Strike Out, Summary Judgment, and Injunctions
Outcome
Claims in libel, malicious falsehood, breach of confidence, misuse of private information, harassment, negligence, and other torts struck out or dismissed; data protection claim transferred to County Court; injunctions refused.
Legal Topics
Libel, Malicious Falsehood, Harassment, Breach of Confidence, Misuse of Private Information, Negligence, Absolute Privilege, Qualified Privilege, Limitation, Strike Out, Summary Judgment, Issue Estoppel, Re Litigation Abuse, Data Subject Access, Damages, Injunctions
Defamation Data Protection Privacy Employment Civil Procedure Libel Malicious Falsehood Harassment +13 more

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Parties

Yvonne Ameyaw

Claimant

Christine McGoldrick

Defendant

Louise Coyne

Defendant

PricewaterhouseCoopers Services Limited

Defendant

Procedural Posture

Civil / Judgment on Applications for Strike Out, Summary Judgment, and Injunctions

Legal Issues

  1. 1 Whether the claimant's claims in libel, malicious falsehood, breach of confidence, misuse of private information, harassment, negligence, and data protection disclose reasonable grounds and survive strike out or summary judgment
  2. 2 Whether the applications should proceed in the absence of the claimant
  3. 3 Whether the defendants' use of confidential medical reports constitutes misuse of private information or breach of confidence

Ratio Decidendi

The claimant's claims in libel, malicious falsehood, breach of confidence, misuse of private information, harassment, negligence, and other torts were struck out or dismissed by summary judgment due to failure to plead or evidence serious harm, limitation, absolute and qualified privilege, issue estoppel, re-litigation abuse, and procedural deficiencies. The claim for breach of data protection rights was not struck out but transferred to the County Court. Injunctions to restrain use of medical information were refused as unnecessary and disproportionate.

Court Disposition

Claims in libel, malicious falsehood, breach of confidence, misuse of private information, harassment, negligence, and other torts struck out or dismissed; data protection claim transferred to County Court; injunctions refused.

Orders

  • Head 1 (libel) struck out and summary judgment entered for defendants
  • Head 2 (libel and malicious falsehood) struck out and summary judgment entered for defendants