Bank Notes

D - Damages for breach

27/5/20

JQL v NTP [2020] EWHC 1349 (QB)

Considers claims for damages and an injunction for misuse of private information and breach of confidence in connection with a post on Facebook, including the extent of publication [102] and the threshold of seriousness [124]. Considers the element of intent [130], general principles relating to the misuse of private information [134], breach of confidence [149] and assessment of damages [153].

1/5/20

HRH THE DUCHESS OF SUSSEX v ASSOCIATED NEWSPAPERS LTD [2020] EWHC 1058 (CH)

Allegations of dishonesty are irrelevant in claims for misuse of private information [45]. Explains the need to provide full particulars when pleading a claim of dishonesty [48] and for a party alleging misconduct to give particulars before obtaining disclosure [59]. Also holds that aggravated damages cannot be recovered for distress caused by conduct which is separate and distinct from that which is alleged to constitute the tort [77].

2/10/19

LLOYD v GOOGLE LLC [2019] EWCA Civ 1599

A claimant can recover damages for loss of control of their data under section 13 of Data Protection Act 1998 without proving pecuniary loss or distress.

11/4/14

PRIMARY GROUP (UK) LTD v ROYAL BANK OF SCOTLAND PLC [2014] EWHC 1082 (Ch)

By disclosing to an associated company a report into its customer’s affairs, the bank had breached its duty of confidentiality. But damages were limited to £5,000 because of the limited use made of the report. Refers to the need to prefer documentary evidence to witness recollection [20]. Contains useful summaries of the principles of incorporation of contract terms [176], collateral assurances [179], the banker’s duty of confidentiality [180], assessment of damages for breach of confidence [181] and the court’s discretion to refuse an inquiry as to damages [194].