Price v Powel & Ors [2012] EWHC 3527 (QB) (11 December 2012)

Price v Powel & Ors [2012] EWHC 3527 (QB) (11 December 2012)

The application to strike out the claim against the fourth defendant is dismissed because, on the current evidence and submissions, it cannot be said that the claim is an abuse of process or that there is no real or substantial tort. The seriousness threshold for Article 8 is met, and the balancing exercise between privacy and freedom of expression cannot be resolved summarily. The proportionality of continuing the claim is justified given the ongoing proceedings against other defendants and the nature of the allegations.

Citation
[2012] EWHC 3527
Parties
Claimant: Katie Price; Defendant: Claire Powell; Defendant: CAN Associates Ltd; Defendant: Peter Andre; Defendant: Jamelah Asmar
Jurisdiction
England and Wales
Judgment Date
11 December 2012
Procedural Posture
Privacy Action (misuse of Private Information) / Application to Strike Out Claim Against Fourth Defendant (jamelah Asmar)
Outcome
Application to strike out dismissed
Legal Topics
Misuse of Private Information, Abuse of Process, Freedom of Expression, Confidentiality, Article 8 ECHR, Article 10 ECHR, Strike Out Applications
Privacy Law Civil Procedure Misuse of Private Information Abuse of Process Freedom of Expression Confidentiality Article 8 ECHR Article 10 ECHR +1 more

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Parties

Katie Price

Claimant

Claire Powell

Defendant

CAN Associates Ltd

Defendant

Peter Andre

Defendant

Jamelah Asmar

Defendant

Procedural Posture

Privacy Action (misuse of Private Information) / Application to Strike Out Claim Against Fourth Defendant (jamelah Asmar)

Legal Issues

  1. 1 Whether the claim against the fourth defendant should be struck out as an abuse of process under Jameel principles
  2. 2 Whether the claimant has a real or substantial tort for misuse of private information
  3. 3 Whether the claimant retains a reasonable expectation of privacy given her own disclosures

Ratio Decidendi

The application to strike out the claim against the fourth defendant is dismissed because, on the current evidence and submissions, it cannot be said that the claim is an abuse of process or that there is no real or substantial tort. The seriousness threshold for Article 8 is met, and the balancing exercise between privacy and freedom of expression cannot be resolved summarily. The proportionality of continuing the claim is justified given the ongoing proceedings against other defendants and the nature of the allegations.

Court Disposition

Application to strike out dismissed

Orders

  • Claim against the fourth defendant (Jamelah Asmar) to proceed to trial
  • No order striking out the claim at this stage