Cooper & Anor v Turrell [2011] EWHC 3269 (QB) (12 December 2011)

Cooper & Anor v Turrell [2011] EWHC 3269 (QB) (12 December 2011)

The defendant's secret recording and subsequent disclosures constituted misuse of private information and breach of confidence. The defendant's publications were defamatory, false, and malicious, and the defences of public domain, lack of particularity, qualified privilege, and justification failed. The claimants are entitled to damages, aggravated damages, injunctions, and delivery up.

Citation
[2011] EWHC 3269
Parties
Claimant: Matthew Cooper; Claimant: Imaginatik Plc; Defendant: Mark Turrell
Jurisdiction
England and Wales
Judgment Date
12 December 2011
Procedural Posture
Civil / Assessment of Damages and Final Remedies After Default Judgment
Outcome
Judgment for the claimants with damages, injunctions, and delivery up ordered.
Legal Topics
Libel, Misuse of Private Information, Breach of Confidence, Aggravated Damages, Injunctions, Corporate Governance, Qualified Privilege, Malice
Defamation Privacy Law Confidentiality Employment Law Libel Misuse of Private Information Breach of Confidence Aggravated Damages +4 more

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Parties

Matthew Cooper

Claimant

Imaginatik Plc

Claimant

Mark Turrell

Defendant

Procedural Posture

Civil / Assessment of Damages and Final Remedies After Default Judgment

Legal Issues

  1. 1 Whether the defendant's disclosures constituted misuse of private information and/or breach of confidence
  2. 2 Whether the defendant's publications amounted to actionable libel
  3. 3 Whether the claimants are entitled to damages, aggravated damages, injunctions, and delivery up

Ratio Decidendi

The defendant's secret recording and subsequent disclosures constituted misuse of private information and breach of confidence. The defendant's publications were defamatory, false, and malicious, and the defences of public domain, lack of particularity, qualified privilege, and justification failed. The claimants are entitled to damages, aggravated damages, injunctions, and delivery up.

Court Disposition

Judgment for the claimants with damages, injunctions, and delivery up ordered.

Orders

  • Damages awarded to Mr Cooper: £30,000 for misuse of private information (action 3031), £50,000 for libel (action 3032)
  • Damages awarded to Imaginatik Plc: £30,000 for libel (action 3032), £10,000 for breach of confidence (action 3033)