Shah Tasmina Hussain & Ors v Shamimur Rahman & Ors
The claimants failed to prove, on the balance of probabilities, that the named defendants misused private information, harassed them, or procured the withdrawal of litigation by duress or undue influence. The only established misuse of private information was by the unknown author(s) of the 'sergey' message, not attributable to the named defendants.
- Parties
- Claimant: Shah Tasmina Hussain; Claimant: Shelim Hussain; Claimant: Euro Foods Group Ltd; Defendant: Shamimur Rahman; Defendant: Masum Ahmed; Defendant: Eco Foods Services Ltd; Defendant: Mohammed Masood Ahmed; Defendant: Fariha Rahman; Defendant: Persons Unknown
- Jurisdiction
- England and Wales
- Judgment Date
- 11 October 2024
- Procedural Posture
- Civil / Judgment After Trial
- Outcome
- Claim dismissed except as against persons unknown for misuse of private information via the 'sergey' message.
- Legal Topics
- Misuse of Private Information, Harassment, Duress, Undue Influence
Case Brief
Summary, issues, holding and outcome
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Parties
Shah Tasmina Hussain
Claimant
Shelim Hussain
Claimant
Euro Foods Group Ltd
Claimant
Shamimur Rahman
Defendant
Masum Ahmed
Defendant
Eco Foods Services Ltd
Defendant
Mohammed Masood Ahmed
Defendant
Fariha Rahman
Defendant
Persons Unknown
Defendant
Procedural Posture
Civil / Judgment After Trial
Legal Issues
- 1 Whether the defendants misused private information belonging to the claimants
- 2 Whether the defendants harassed the claimants
- 3 Whether the withdrawal of previous litigation was procured by duress or undue influence
Ratio Decidendi
The claimants failed to prove, on the balance of probabilities, that the named defendants misused private information, harassed them, or procured the withdrawal of litigation by duress or undue influence. The only established misuse of private information was by the unknown author(s) of the 'sergey' message, not attributable to the named defendants.
Court Disposition
Claim dismissed except as against persons unknown for misuse of private information via the 'sergey' message.
Orders
- Injunctive relief granted against persons unknown responsible for the 'sergey' message.
- All other claims against named defendants dismissed.
Full Case Text
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