BVG v LAR

BVG v LAR

The Defendant's Defence is deficient in form and substance, does not comply with procedural rules, and is unsupported by evidence. The Defendant has no realistic prospect of defending the claims for misuse of private information or 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.

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 Claimant; permanent injunction granted
Legal Topics
Misuse of Private Information, Harassment, Summary Judgment, Permanent Injunction, Civil Procedure
Privacy Law Harassment Law Misuse of Private Information Harassment Summary Judgment Permanent Injunction Civil Procedure

Case Brief

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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 procedural rules
  2. 2 Whether the Defendant has a real prospect of defending the claims for misuse of private information and harassment
  3. 3 Whether a permanent injunction should be granted

Ratio Decidendi

The Defendant's Defence is deficient in form and substance, does not comply with procedural rules, and is unsupported by evidence. The Defendant has no realistic prospect of defending the claims for misuse of private information or 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 for Claimant; permanent injunction granted

Orders

  • Defence struck out
  • Summary judgment entered for Claimant