Sarah Lynette Webb v Lewis Silkin Llp [2016] EWHC 1225 (Ch) (04 May 2016)

Sarah Lynette Webb v Lewis Silkin Llp [2016] EWHC 1225 (Ch) (04 May 2016)

The principles governing statements in open court in defamation cases apply equally to privacy cases; a claimant who settles such a claim is entitled to make a unilateral statement in open court, subject to the court's approval that the statement is fair, proportionate, and not prejudicial to third parties. The claimant's draft statement, with minor amendments, meets these requirements.

Citation
[2016] EWHC 1225 (Ch)
Parties
Claimant: Sarah Lynette Webb; Defendant: Lewis Silkin LLP
Jurisdiction
England and Wales
Judgment Date
04 May 2016
Procedural Posture
Privacy/misuse of Private Information / Post Settlement Application for Permission to Make a Statement in Open Court
Outcome
Application granted with modifications
Legal Topics
Misuse of Private Information, Statements in Open Court, Settlement Procedure, Open Justice, Arbitral Confidentiality
Privacy Law Civil Procedure Misuse of Private Information Statements in Open Court Settlement Procedure Open Justice Arbitral Confidentiality

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Parties

Sarah Lynette Webb

Claimant

Lewis Silkin LLP

Defendant

Procedural Posture

Privacy/misuse of Private Information / Post Settlement Application for Permission to Make a Statement in Open Court

Legal Issues

  1. 1 Whether a claimant in a privacy action settled by payment into court is entitled to make a unilateral statement in open court
  2. 2 Whether the draft statement is fair, proportionate, and not prejudicial to third parties

Ratio Decidendi

The principles governing statements in open court in defamation cases apply equally to privacy cases; a claimant who settles such a claim is entitled to make a unilateral statement in open court, subject to the court's approval that the statement is fair, proportionate, and not prejudicial to third parties. The claimant's draft statement, with minor amendments, meets these requirements.

Court Disposition

Application granted with modifications

Orders

  • The claimant is permitted to make a unilateral statement in open court, subject to amendments: the name of the former firm to be anonymised as 'S', and the phrase 'reviewed and read' to be replaced with 'accessed'.