Applause Store Productions Ltd. & Anor v Raphael

Applause Store Productions Ltd. & Anor v Raphael

The defendant was responsible for creating and publishing the false Facebook profile and defamatory group page, containing private information and defamatory statements about the claimants. The evidence and activity logs overwhelmingly pointed to the defendant as the sole user, and his explanations were implausible. The material constituted misuse of private information and defamation, warranting damages.

Parties
Claimant: Applause Store Productions Limited; Claimant: Matthew Firsht; Defendant: Grant Raphael
Jurisdiction
England and Wales
Judgment Date
24 July 2008
Procedural Posture
Civil / Judgment
Outcome
Judgment for the claimants
Legal Topics
Misuse of Private Information, Libel, Damages, Injunction
Defamation Privacy Tort Misuse of Private Information Libel Damages Injunction

Case Brief

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Parties

Applause Store Productions Limited

Claimant

Matthew Firsht

Claimant

Grant Raphael

Defendant

Procedural Posture

Civil / 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 material constituted misuse of private information and defamation
  3. 3 Assessment of damages for defamation and privacy breach

Ratio Decidendi

The defendant was responsible for creating and publishing the false Facebook profile and defamatory group page, containing private information and defamatory statements about the claimants. The evidence and activity logs overwhelmingly pointed to the defendant as the sole user, and his explanations were implausible. The material constituted misuse of private information and defamation, warranting damages.

Court Disposition

Judgment for the claimants

Orders

  • Damages awarded to Matthew Firsht for defamation: £15,000
  • Damages awarded to Applause Store Productions Limited for defamation: £5,000