Sarah Lynette Webb v Lewis Silkin Llp

Sarah Lynette Webb v Lewis Silkin Llp

The principles applicable to statements in open court in defamation cases apply equally to privacy cases. A claimant who settles a privacy action is entitled to expect to make a fair and proportionate statement in open court, provided it is not prejudicial to third parties or misrepresentative. The claimant's draft statement, with minor amendments, meets these requirements and is approved.

Parties
Claimant: Sarah Lynette Webb; Defendant: Lewis Silkin LLP
Jurisdiction
England and Wales
Judgment Date
04 May 2016
Procedural Posture
Civil Privacy/misuse of Private Information / Post Settlement Application for Approval of Statement in Open Court
Outcome
Application allowed with modifications
Legal Topics
Misuse of Private Information, Statements in Open Court, Settlement Procedure, Open Justice, Confidentiality
Privacy Law Civil Procedure Misuse of Private Information Statements in Open Court Settlement Procedure Open Justice Confidentiality

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Parties

Sarah Lynette Webb

Claimant

Lewis Silkin LLP

Defendant

Procedural Posture

Civil Privacy/misuse of Private Information / Post Settlement Application for Approval of Statement in Open Court

Legal Issues

  1. 1 Whether the claimant is entitled to make a statement in open court following settlement of a privacy action
  2. 2 Whether the draft statement is fair, proportionate, and not prejudicial to third parties or misrepresentative of the defendant's case

Ratio Decidendi

The principles applicable to statements in open court in defamation cases apply equally to privacy cases. A claimant who settles a privacy action is entitled to expect to make a fair and proportionate statement in open court, provided it is not prejudicial to third parties or misrepresentative. The claimant's draft statement, with minor amendments, meets these requirements and is approved.

Court Disposition

Application allowed with modifications

Orders

  • The claimant is permitted to make a statement in open court in the form approved by the court, subject to the amendments specified (referring to the former firm as 'S' and stating emails were 'accessed' rather than 'reviewed and read').