BVC v EWF

BVC v EWF

The Claimant is entitled to summary judgment for misuse of private information, including a permanent injunction and damages to be assessed, as the Defendant has no real prospect of defending that claim. The Defendant's counterclaim is struck out as unsustainable. The harassment claim cannot be determined summarily due to the applicable law issue and is not granted summary judgment.

Parties
Claimant: BVC; Defendant: EWF
Jurisdiction
England and Wales
Judgment Date
26 September 2019
Procedural Posture
Civil / Summary Judgment and Strike Out Applications
Outcome
Claimant granted summary judgment for misuse of private information and permanent injunction; summary judgment for harassment refused; Defendant's counterclaim struck out; Defendant's cross-application dismissed; Hadkinson order refused.
Legal Topics
Misuse of Private Information, Harassment, Jurisdiction, Applicable Law, Summary Judgment, Permanent Injunction, Counterclaim, Rome II Regulation, Lugano Convention
Privacy Law Harassment Civil Procedure Misuse of Private Information Jurisdiction Applicable Law Summary Judgment Permanent Injunction +3 more

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Parties

BVC

Claimant

EWF

Defendant

Procedural Posture

Civil / Summary Judgment and Strike Out Applications

Legal Issues

  1. 1 Whether the Claimant is entitled to summary judgment for misuse of private information
  2. 2 Whether the Claimant is entitled to summary judgment for harassment
  3. 3 Whether the Defendant's counterclaim should be struck out

Ratio Decidendi

The Claimant is entitled to summary judgment for misuse of private information, including a permanent injunction and damages to be assessed, as the Defendant has no real prospect of defending that claim. The Defendant's counterclaim is struck out as unsustainable. The harassment claim cannot be determined summarily due to the applicable law issue and is not granted summary judgment.

Court Disposition

Claimant granted summary judgment for misuse of private information and permanent injunction; summary judgment for harassment refused; Defendant's counterclaim struck out; Defendant's cross-application dismissed; Hadkinson order refused.

Orders

  • Permanent injunction restraining further misuse of private information
  • Assessment of damages for misuse of private information