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 actions in secretly recording and publishing private and confidential information, and in making false and malicious defamatory statements, constituted actionable misuse of private information, breach of confidence, and libel. The claimants proved falsity and malice. The extent and seriousness of publication, especially to business contacts and on the internet, warranted substantial damages and injunctive relief.

Citation
[2011] EWHC 3269 (QB)
Parties
Claimant: Matthew Cooper; Claimant: Imaginatik Plc; Defendant: Mark Turrell
Jurisdiction
England and Wales
Judgment Date
12 December 2011
Procedural Posture
Civil / Damages Assessment and Final Remedies After Default Judgment
Outcome
Judgment for the claimants. Damages awarded. Injunction and delivery up ordered.
Legal Topics
Libel, Misuse of Private Information, Breach of Confidence, Aggravated Damages, Injunctions, Corporate Governance
Defamation Privacy Law Confidentiality Employment Law Libel Misuse of Private Information Breach of Confidence Aggravated Damages +2 more

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Parties

Matthew Cooper

Claimant

Imaginatik Plc

Claimant

Mark Turrell

Defendant

Procedural Posture

Civil / Damages Assessment 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 were defamatory (libel)
  3. 3 Appropriate remedies including damages and injunctive relief

Ratio Decidendi

The defendant's actions in secretly recording and publishing private and confidential information, and in making false and malicious defamatory statements, constituted actionable misuse of private information, breach of confidence, and libel. The claimants proved falsity and malice. The extent and seriousness of publication, especially to business contacts and on the internet, warranted substantial damages and injunctive relief.

Court Disposition

Judgment for the claimants. Damages awarded. Injunction and delivery up ordered.

Orders

  • Perpetual injunction restraining the defendant from publishing the private/confidential information or defamatory statements
  • Order for delivery up of all copies and transcripts of the audio recording