Burrell v Clifford

Burrell v Clifford

Mr Clifford's communication of the claimant's confidential letter to the News of the World was unauthorised and constituted misuse of private information. The breach was concealed and only discovered years later, so limitation was postponed under section 32 of the Limitation Act 1980. The claimant is entitled to compensation for the misuse and distress, assessed at £5,000.

Parties
Claimant: Paul Burrell; Defendant: Max Clifford
Jurisdiction
England and Wales
Judgment Date
19 February 2016
Procedural Posture
Civil / Judgment After Trial
Outcome
Claim allowed
Legal Topics
Breach of Confidence, Misuse of Private Information, Limitation, Damages Assessment
Tort Equity Media Law Breach of Confidence Misuse of Private Information Limitation Damages Assessment

Case Brief

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Parties

Paul Burrell

Claimant

Max Clifford

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether the defendant's communication of the claimant's confidential letter to a third party was authorised
  2. 2 Whether the claim is time-barred under the Limitation Act 1980
  3. 3 Assessment of damages for misuse of private information

Ratio Decidendi

Mr Clifford's communication of the claimant's confidential letter to the News of the World was unauthorised and constituted misuse of private information. The breach was concealed and only discovered years later, so limitation was postponed under section 32 of the Limitation Act 1980. The claimant is entitled to compensation for the misuse and distress, assessed at £5,000.

Court Disposition

Claim allowed

Orders

  • Defendant to pay claimant £5,000 in compensation for misuse of private information
  • Counsel to agree form of order; court to hear submissions on costs and permission to appeal if not agreed