JQL v NTP
The defendant's Facebook post disclosed sensitive medical information about the claimant's mental health and self-harming, received in confidence, to family members and a small pool of others. The claimant had a reasonable expectation of privacy, the disclosure was not justified, and the tort was real and substantial. Damages and an injunction were warranted.
- Parties
- Claimant: JQL; Defendant: NTP
- Jurisdiction
- England and Wales
- Judgment Date
- 27 May 2020
- Procedural Posture
- Civil / Judgment
- Outcome
- Claim allowed
- Legal Topics
- Misuse of Private Information, Breach of Confidence, Damages, Injunctions, Publication on Social Media
Case Brief
Summary, issues, holding and outcome
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Parties
JQL
Claimant
NTP
Defendant
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether the defendant's Facebook post constituted misuse of private information and breach of confidence
- 2 Whether the claimant had a reasonable expectation of privacy in the disclosed information
- 3 Whether the disclosure amounted to a real and substantial tort
Ratio Decidendi
The defendant's Facebook post disclosed sensitive medical information about the claimant's mental health and self-harming, received in confidence, to family members and a small pool of others. The claimant had a reasonable expectation of privacy, the disclosure was not justified, and the tort was real and substantial. Damages and an injunction were warranted.
Court Disposition
Claim allowed
Orders
- Defendant to pay £15,000 in damages to claimant, including aggravated damages.
- Defendant restrained by injunction from publishing or disclosing information about claimant's mental health and deliberate self-harm.
Full Case Text
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