Applause Store Productions Ltd. & Anor v Raphael [2008] EWHC 1781 (QB) (24 July 2008)

Applause Store Productions Ltd. & Anor v Raphael [2008] EWHC 1781 (QB) (24 July 2008)

The court found, on the balance of probabilities, that Grant Raphael was responsible for creating and publishing both the false Facebook profile and the defamatory group page about the claimants, rejecting his explanations as implausible and unsupported by credible evidence. The published material constituted misuse of private information and was defamatory of the claimants.

Citation
[2008] EWHC 1781 (QB)
Parties
Claimant: Applause Store Productions Limited; Claimant: Matthew Firsht; Defendant: Grant Raphael
Jurisdiction
England and Wales
Judgment Date
24 July 2008
Procedural Posture
Civil / First Instance Judgment
Outcome
Judgment for the claimants
Legal Topics
Misuse of Private Information, Defamation Via Social Media, Liability for Online Publication, Norwich Pharmacal Order, Expectation of Privacy
Defamation Privacy Misuse of Private Information Defamation Via Social Media Liability for Online Publication Norwich Pharmacal Order Expectation of Privacy

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Parties

Applause Store Productions Limited

Claimant

Matthew Firsht

Claimant

Grant Raphael

Defendant

Procedural Posture

Civil / First Instance Judgment

Legal Issues

  1. 1 Whether the defendant was responsible for creating and publishing a false Facebook profile and defamatory group page about the claimants
  2. 2 Whether the published information constituted misuse of private information
  3. 3 Whether the published material was defamatory of the claimants

Ratio Decidendi

The court found, on the balance of probabilities, that Grant Raphael was responsible for creating and publishing both the false Facebook profile and the defamatory group page about the claimants, rejecting his explanations as implausible and unsupported by credible evidence. The published material constituted misuse of private information and was defamatory of the claimants.

Court Disposition

Judgment for the claimants

Orders

  • The defendant is liable for misuse of private information and defamation.
  • Damages to be awarded to the claimants.