MM v BC, RS and Facebook Ireland [2019] NIMaster 5 (12 April 2019)

MM v BC, RS and Facebook Ireland [2019] NIMaster 5 (12 April 2019)

The plaintiff has established an arguable case for the proposed amendments, which arise from the same factual matrix and do not render the action substantially different in character. The court is satisfied that the requirements for leave to amend are met, and any factual disputes regarding Facebook's knowledge, technical capacity, and response time are matters for trial. The safe harbour under Regulation 19 does not preclude the amendments at this stage, as the plaintiff has made a substantive complaint sufficient to allow the issues to proceed.

Citation
[2019] NIMaster 5
Parties
Plaintiff: MM; First Defendant: BC; Second Defendant: RS; Third Defendant: Facebook Ireland
Jurisdiction
Northern Ireland
Judgment Date
12 April 2019
Procedural Posture
Interlocutory Application for Leave to Amend Pleadings / Application for Leave to Amend Writ of Summons to Add Claims Against Third Defendant
Outcome
Leave to amend granted
Legal Topics
Amendment of Pleadings, Misuse of Private Information, Negligence, Breach of Data Protection Act 1998, Section 8 Human Rights Act 1998, Electronic Commerce (ec Directive) Regulations 2002, Safe Harbour for Information Society Service Providers, Injunctions, Revenge Porn, Procedural Fairness
Tort Law Data Protection Human Rights Civil Procedure Information Technology Law Amendment of Pleadings Misuse of Private Information Negligence +7 more

Case Brief

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Parties

MM

Plaintiff

BC

First Defendant

RS

Second Defendant

Facebook Ireland

Third Defendant

Procedural Posture

Interlocutory Application for Leave to Amend Pleadings / Application for Leave to Amend Writ of Summons to Add Claims Against Third Defendant

Legal Issues

  1. 1 Whether the plaintiff should be granted leave to amend the writ to add claims against Facebook for breach of Data Protection Act 1998, negligence, and misuse of private information
  2. 2 Whether the proposed amendments introduce new causes of action that have a real prospect of success
  3. 3 Whether Facebook is protected by the safe harbour provisions of Regulation 19 of the Electronic Commerce (EC Directive) Regulations 2002

Ratio Decidendi

The plaintiff has established an arguable case for the proposed amendments, which arise from the same factual matrix and do not render the action substantially different in character. The court is satisfied that the requirements for leave to amend are met, and any factual disputes regarding Facebook's knowledge, technical capacity, and response time are matters for trial. The safe harbour under Regulation 19 does not preclude the amendments at this stage, as the plaintiff has made a substantive complaint sufficient to allow the issues to proceed.

Court Disposition

Leave to amend granted

Orders

  • Plaintiff granted leave to amend writ of summons to add claims against Facebook for breach of Data Protection Act 1998, negligence, and misuse of private information
  • Court to hear counsel as to costs