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Appeal to against decision to strike out claim for misuse of private information, breach of confidence and alleged DPA 1998 breach, dismissed

Higinbotham (formerly BWK) v Teekhungam & Anor [2018] EWHC 1880 (QB)

Related Member(s):
Lorna Skinner
Related Practice Area(s):
Media and Information Law
Court:

This was an appeal against the decision of Master Yoxall on 23 Oct 2017 to strike out a claim is for misuse of private information, breach of confidence and for alleged breaches of the Data Protection Act 1998.

The Court dismissed the appeal holding that “Master Yoxall was entirely right to conclude that this claim was not “worth the candle” (§§33-34) and that the claimant was pursuing it for the improper ulterior motive of his “continuing battle with the first defendant” and that the claim was “harassing in nature” (§32). He was right to strike out the claim as an abuse of process on both grounds. I would also have dismissed the breach of confidence and misuse of private information claims under CPR Part 24 as having no real prospect of success”.

Lorna Skinner was involved in this case.