Price v Powel & Ors

Price v Powel & Ors

The application to strike out the claim against the fourth defendant is dismissed because, at this stage, it cannot be said that the claim does not disclose a real or substantial tort or that it constitutes an abuse of process. The threshold of seriousness for privacy is crossed, and the balancing exercise between Article 8 and Article 10 rights must be determined at trial. The claimant is entitled to pursue relief for delivery up and disclosure, and proportionality does not justify striking out the claim.

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 / Application to Strike Out Claim Against Fourth Defendant
Outcome
Application to strike out dismissed
Legal Topics
Misuse of Private Information, Abuse of Process, Freedom of Expression, Confidentiality, Threshold of Seriousness, Balancing Exercise Under Articles 8 and 10
Privacy Law Civil Procedure Misuse of Private Information Abuse of Process Freedom of Expression Confidentiality Threshold of Seriousness Balancing Exercise Under Articles 8 and 10

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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 / Application to Strike Out Claim Against Fourth Defendant

Legal Issues

  1. 1 Whether the claim against the fourth defendant discloses a real or substantial tort
  2. 2 Whether the claim constitutes an abuse of process
  3. 3 Whether the claimant has a reasonable expectation of privacy

Ratio Decidendi

The application to strike out the claim against the fourth defendant is dismissed because, at this stage, it cannot be said that the claim does not disclose a real or substantial tort or that it constitutes an abuse of process. The threshold of seriousness for privacy is crossed, and the balancing exercise between Article 8 and Article 10 rights must be determined at trial. The claimant is entitled to pursue relief for delivery up and disclosure, and proportionality does not justify striking out the claim.

Court Disposition

Application to strike out dismissed