AVB v TDD [2014] EWHC 1442 (QB) (12 May 2014)

AVB v TDD [2014] EWHC 1442 (QB) (12 May 2014)

TDD's disclosures to AVB's younger daughter constituted harassment and misuse of private information; AVB is entitled to an injunction restraining further misuse and harassment. TDD's counterclaim for harassment fails as AVB's conduct did not meet the threshold for harassment under the Act. Both parties behaved badly, but only TDD's conduct crossed the legal boundary into actionable harassment and misuse of confidential information.

Citation
[2014] EWHC 1442
Parties
Claimant: AVB; Defendant: TDD
Jurisdiction
England and Wales
Judgment Date
12 May 2014
Procedural Posture
Civil / Final Judgment After Trial
Outcome
Claimant's claim succeeds in part; Defendant's counterclaim dismissed.
Legal Topics
Misuse of Private Information, Harassment, Breach of Confidence, Breach of Contract, Protection From Harassment Act 1997, Human Rights Act 1998, Freedom of Expression, Confidentiality Agreements
Privacy Law Harassment Contract Law Misuse of Private Information Breach of Confidence Breach of Contract Protection From Harassment Act 1997 Human Rights Act 1998 +2 more

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Parties

AVB

Claimant

TDD

Defendant

Procedural Posture

Civil / Final Judgment After Trial

Legal Issues

  1. 1 Whether TDD's disclosures and communications constituted harassment under the Protection from Harassment Act 1997
  2. 2 Whether TDD misused private and confidential information relating to AVB and his family
  3. 3 Whether AVB harassed TDD

Ratio Decidendi

TDD's disclosures to AVB's younger daughter constituted harassment and misuse of private information; AVB is entitled to an injunction restraining further misuse and harassment. TDD's counterclaim for harassment fails as AVB's conduct did not meet the threshold for harassment under the Act. Both parties behaved badly, but only TDD's conduct crossed the legal boundary into actionable harassment and misuse of confidential information.

Court Disposition

Claimant's claim succeeds in part; Defendant's counterclaim dismissed.

Orders

  • Injunction granted restraining TDD from further misuse of private and confidential information and harassment of AVB and his family.
  • Damages awarded to AVB for distress caused by harassment and misuse of information.