AXB v Hossam Metwally

AXB v Hossam Metwally

The Claimant was covertly recorded by her treating doctor, constituting a gross breach of trust and misuse of private information. As a direct result, she suffered PTSD with elements of complex PTSD, agoraphobia, and recurrent depression. General damages of £38,000 (including a modest uplift for aggravation) were awarded, with special damages for future psychological treatment, travel, and labour market disadvantage, plus interest. The prognosis is positive with treatment, but current psychiatric injury and functional impairment are significant.

Parties
Claimant: AXB; Defendant: Hossam Metwally
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil Personal Injury / Misuse of Private Information / Assessment of Damages Following Default Judgment
Outcome
Claim allowed; damages assessed in favour of the Claimant.
Legal Topics
Misuse of Private Information, Breach of Trust, Aggravated Damages, Personal Injury (psychiatric), Voyeurism
Tort Privacy Law Medical Law Misuse of Private Information Breach of Trust Aggravated Damages Personal Injury (psychiatric) Voyeurism

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Parties

AXB

Claimant

Hossam Metwally

Defendant

Procedural Posture

Civil Personal Injury / Misuse of Private Information / Assessment of Damages Following Default Judgment

Legal Issues

  1. 1 Appropriate quantum of general and special damages for misuse of private information by a medical professional
  2. 2 Causation and extent of psychiatric injury resulting from covert recording
  3. 3 Entitlement to aggravated damages

Ratio Decidendi

The Claimant was covertly recorded by her treating doctor, constituting a gross breach of trust and misuse of private information. As a direct result, she suffered PTSD with elements of complex PTSD, agoraphobia, and recurrent depression. General damages of £38,000 (including a modest uplift for aggravation) were awarded, with special damages for future psychological treatment, travel, and labour market disadvantage, plus interest. The prognosis is positive with treatment, but current psychiatric injury and functional impairment are significant.

Court Disposition

Claim allowed; damages assessed in favour of the Claimant.

Orders

  • General damages (including modest uplift for aggravation) awarded at £38,000.
  • Special damages for future psychological treatment (£3,900), travel expenses (£250), and labour market disadvantage (£8,942.05).