BUQ v HRE [2015] EWHC 1272 (QB) (07 May 2015)

BUQ v HRE [2015] EWHC 1272 (QB) (07 May 2015)

Employment Tribunal findings are binding and establish that the defendant has no real prospect of defending the claim for misuse of private information and breach of confidence. The claimant is entitled to summary judgment and a permanent injunction. Alleged lies by the claimant, even if proved, would not justify withholding relief or discharging the injunction. The defendant is permitted to amend his application for committal, but procedural requirements must be met.

Citation
[2015] EWHC 1272 (QB)
Parties
Claimant: BUQ; Defendant: HRE
Jurisdiction
England and Wales
Judgment Date
07 May 2015
Procedural Posture
High Court Civil Action (breach of Confidence and Misuse of Private Information) / Summary Judgment and Cross Application for Committal
Outcome
Summary judgment granted for claimant; permanent injunction issued; defendant's committal application adjourned with liberty to amend; costs reserved.
Legal Topics
Misuse of Private Information, Breach of Confidence, Summary Judgment, Interim and Permanent Injunctions, Contempt of Court, Employment Tribunal Findings, Anonymity Orders
Privacy Law Employment Law Civil Procedure Misuse of Private Information Breach of Confidence Summary Judgment Interim and Permanent Injunctions Contempt of Court +2 more

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Parties

BUQ

Claimant

HRE

Defendant

Procedural Posture

High Court Civil Action (breach of Confidence and Misuse of Private Information) / Summary Judgment and Cross Application for Committal

Legal Issues

  1. 1 Does the defendant have any real prospect of successfully defending the claim for misuse of private information and breach of confidence?
  2. 2 Should a permanent injunction be granted to restrain disclosure of private information?
  3. 3 Is there any compelling reason for a trial?

Ratio Decidendi

Employment Tribunal findings are binding and establish that the defendant has no real prospect of defending the claim for misuse of private information and breach of confidence. The claimant is entitled to summary judgment and a permanent injunction. Alleged lies by the claimant, even if proved, would not justify withholding relief or discharging the injunction. The defendant is permitted to amend his application for committal, but procedural requirements must be met.

Court Disposition

Summary judgment granted for claimant; permanent injunction issued; defendant's committal application adjourned with liberty to amend; costs reserved.

Orders

  • Permanent injunction restraining disclosure of private information and identification of claimant, CLJ, and their son.
  • Defendant granted permission to amend application for committal for contempt of court under CPR 32.14; deadline set for amended application.