JQL v NTP [2020] EWHC 1349 (QB) (27 May 2020)

JQL v NTP [2020] EWHC 1349 (QB) (27 May 2020)

The court found that NTP's Facebook post did identify JQL as the subject of the reference to mental health treatment and self-harm, that the information disclosed was highly private and had been kept confidential by JQL, and that NTP had received this information in confidence from JQL's mother. The disclosure was not justified and constituted both a misuse of private information and a breach of confidence. There was substantial publication to third parties, including JQL's siblings and sister-in-law, who were previously unaware of her mental health history. Damages and an injunction were warranted.

Citation
[2020] EWHC 1349 (QB)
Parties
Claimant: JQL; Defendant: NTP
Jurisdiction
England and Wales
Judgment Date
27 May 2020
Procedural Posture
Civil Misuse of Private Information and Breach of Confidence / High Court Trial Judgment
Outcome
Claim allowed
Legal Topics
Misuse of Private Information, Breach of Confidence, Social Media Publication, Damages, Injunctions
Privacy Law Media Law Tort Law Misuse of Private Information Breach of Confidence Social Media Publication Damages Injunctions

Case Brief

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Parties

JQL

Claimant

NTP

Defendant

Procedural Posture

Civil Misuse of Private Information and Breach of Confidence / High Court Trial Judgment

Legal Issues

  1. 1 Whether the Facebook post by NTP disclosed private information about JQL's mental health and self-harm
  2. 2 Whether the information was confidential and disclosed without consent
  3. 3 Whether there was substantial publication to third parties

Ratio Decidendi

The court found that NTP's Facebook post did identify JQL as the subject of the reference to mental health treatment and self-harm, that the information disclosed was highly private and had been kept confidential by JQL, and that NTP had received this information in confidence from JQL's mother. The disclosure was not justified and constituted both a misuse of private information and a breach of confidence. There was substantial publication to third parties, including JQL's siblings and sister-in-law, who were previously unaware of her mental health history. Damages and an injunction were warranted.

Court Disposition

Claim allowed

Orders

  • Damages awarded to JQL for misuse of private information and breach of confidence
  • Injunction granted restraining NTP from further disclosure of JQL's private information