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

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

The Defence disclosed no reasonable grounds for defending the claims of misuse of private information and harassment, and did not comply with procedural requirements. The Claimant had a reasonable expectation of privacy, and the Defendant's conduct amounted to harassment. There was no real prospect of the Defendant successfully defending the claims, nor any other compelling reason for a trial. Summary judgment and a permanent injunction were therefore granted.

Citation
[2020] EWHC 931 (QB)
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 for the Claimant; permanent injunction granted.
Legal Topics
Misuse of Private Information, Harassment, Summary Judgment, Permanent Injunction, Anonymity Orders, Blackmail, Article 8 ECHR, Article 10 ECHR
Privacy Law Harassment Law Civil Procedure Misuse of Private Information Harassment Summary Judgment Permanent Injunction Anonymity Orders +3 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 the Claimant had a reasonable expectation of privacy in the information

Ratio Decidendi

The Defence disclosed no reasonable grounds for defending the claims of misuse of private information and harassment, and did not comply with procedural requirements. The Claimant had a reasonable expectation of privacy, and the Defendant's conduct amounted to harassment. There was no real prospect of the Defendant successfully defending the claims, nor any other compelling reason for a trial. Summary judgment and a permanent injunction were therefore granted.

Court Disposition

Summary judgment for the Claimant; permanent injunction granted.

Orders

  • Defence struck out and/or summary judgment entered for the Claimant on both claims (misuse of private information and harassment)
  • Permanent injunction granted restraining the Defendant from misuse of private information and harassment