McGee v Lewis [2023] EWHC 1813 (KB) (17 July 2023)
The claimant's particulars of claim for misuse of private information, defamation, and harassment are properly pleaded and not 'unreal' or 'extravagant.' The defendant was properly notified but chose not to engage. The claimant is entitled to default judgment, injunctive relief, and costs.
- Citation
- [2023] EWHC 1813 (KB)
- Parties
- Claimant: Alan McGee; Defendant: Katie Lewis
- Jurisdiction
- England and Wales
- Judgment Date
- 17 July 2023
- Procedural Posture
- Civil (media & Communications) / Default Judgment Application (liability and Injunctive Relief)
- Outcome
- Default judgment granted for the claimant on liability for misuse of private information, defamation, and harassment. Injunctive relief and costs awarded.
- Legal Topics
- Default Judgment, Libel, Misuse of Private Information, Harassment, Injunctive Relief, Costs, Freedom of Expression
Case Brief
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Parties
Alan McGee
Claimant
Katie Lewis
Defendant
Procedural Posture
Civil (media & Communications) / Default Judgment Application (liability and Injunctive Relief)
Legal Issues
- 1 Whether the claimant is entitled to default judgment for harassment, libel, and misuse of private information against the defendant who failed to respond or appear.
- 2 Whether the pleaded particulars of claim are sufficient in law to establish liability for the torts alleged on an undefended basis.
- 3 Whether injunctive relief and costs should be granted in the circumstances.
Ratio Decidendi
The claimant's particulars of claim for misuse of private information, defamation, and harassment are properly pleaded and not 'unreal' or 'extravagant.' The defendant was properly notified but chose not to engage. The claimant is entitled to default judgment, injunctive relief, and costs.
Court Disposition
Default judgment granted for the claimant on liability for misuse of private information, defamation, and harassment. Injunctive relief and costs awarded.
Orders
- Defendant restrained from publishing or continuing to publish the specified private messages and defamatory posts.
- Defendant ordered to delete a scheduled list of identified posts.
Full Case Text
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