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 fails to disclose a real or substantial tort. The seriousness threshold for Article 8 is met, and the balancing exercise between privacy and freedom of expression must be conducted at trial. The proportionality of continuing the claim is not negated by the claimant's own disclosures, and the case will proceed to trial against other defendants in any event.

Citation
[2012] EWHC 3527 (QB)
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) Prior to Trial
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, Threshold of Seriousness
Privacy Law Media Law Civil Procedure Misuse of Private Information Abuse of Process Freedom of Expression Confidentiality Article 8 ECHR +3 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) Prior to Trial

Legal Issues

  1. 1 Whether the claim against the fourth defendant for misuse of private information should be struck out as an abuse of process under Jameel principles
  2. 2 Whether the claimant has a real or substantial tort or substantial interference with privacy rights
  3. 3 Whether the claim serves a legitimate purpose and is proportionate given the claimant's 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 fails to disclose a real or substantial tort. The seriousness threshold for Article 8 is met, and the balancing exercise between privacy and freedom of expression must be conducted at trial. The proportionality of continuing the claim is not negated by the claimant's own disclosures, and the case will proceed to trial against other defendants in any event.

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 on Jameel or abuse of process grounds