BVG v LAR [2020] EWHC 931 (QB) (21 April 2020)

BVG v LAR [2020] EWHC 931 (QB) (21 April 2020)

The Defence is deficient in form and substance, failing to comply with CPR requirements and lacking a realistic prospect of success against claims for misuse of private information and harassment. The Claimant has a reasonable expectation of privacy, and the Defendant's conduct amounts to harassment. There is no compelling reason for a trial. Summary judgment and a permanent injunction are granted.

Citation
[2020] EWHC 931
Parties
Claimant: BVG; Defendant: LAR
Jurisdiction
England and Wales
Judgment Date
21 April 2020
Procedural Posture
Civil / Application for Strike Out/summary Judgment and Permanent Injunction
Outcome
Summary judgment granted for Claimant; permanent injunction granted.
Legal Topics
Misuse of Private Information, Harassment, Summary Judgment, Strike Out, Injunctions, Anonymity Orders
Privacy Law Harassment Law Civil Procedure Misuse of Private Information Harassment Summary Judgment Strike Out Injunctions +1 more

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Parties

BVG

Claimant

LAR

Defendant

Procedural Posture

Civil / Application for Strike Out/summary Judgment and Permanent Injunction

Legal Issues

  1. 1 Whether the Defence should be struck out for non-compliance with rules or for disclosing no reasonable grounds for defending the claim
  2. 2 Whether summary judgment should be granted for misuse of private information and harassment
  3. 3 Whether a permanent injunction should be granted

Ratio Decidendi

The Defence is deficient in form and substance, failing to comply with CPR requirements and lacking a realistic prospect of success against claims for misuse of private information and harassment. The Claimant has a reasonable expectation of privacy, and the Defendant's conduct amounts to harassment. There is no compelling reason for a trial. Summary judgment and a permanent injunction are granted.

Court Disposition

Summary judgment granted for Claimant; permanent injunction granted.

Orders

  • Defence struck out
  • Summary judgment for Claimant