LexisNexis Case Summary: Vardy v Rooney And Another [2022] EWHC 304 (QB)

• Published date: 28 February 2022
• Subject Matter: Litigation, Mediation & Arbitration, Arbitration & Dispute Resolution, Libel & Defamation
• Law Firm: Gatehouse Chambers
• Author: Lauren Godfrey

Vardy v Rooney and Another [2022] EWHC 304 (QB)

What are the practical implications of this case?

The aspect of the case dealing with addition of parties will be of interest to those contemplating the addition of a party where the underlying additional claim is neither an indemnity nor a contribution but rather is a claim 'for some other remedy' (CPR 20.2(b)); that is, a claim with a vitality of its own that could be brought as a separate Part 7 claim. Her Ladyship reviewed the approach to such an addition and found on the facts that disruption and delay attendant on adding the new claim tipped the balance in favour of refusing the application to join.

The case serves as a reminder of the strict prohibition on the collateral use of evidence disclosed in proceedings for any other purpose and is essential reading for those contemplating a claim against a third party arising from material disclosed in proceedings.

There is a fascinating discussion (paragraphs [189] to [201]) of the most efficacious approach to obtaining information from Instagram (whether it should be jointly made by the parties or made by each in parallel) with the judge noting that references to posts needed to be specific, such as specifying detailed information regarding each relevant post, rather than needing to give Unique Identification Numbers for the posts as defined in pleadings. The deeper questions such as a whether posts on even a private Instagram account truly enjoy an expectation of privacy as a matter of law will only be resolved at trial.

What was the background?

The factual background of this case has been well-rehearsed in the mainstream press.

However, in summary, Mrs Rooney was concerned that stories from her personal and private Instagram account was being leaked to the Sun newspaper. She concocted a number of stories and posted them but to only one of a number of friends whom she suspected of being behind the leaks. Significantly, the stories posted to Mrs Vardy's account were run in the Sun.

On 9 October 2019, Mrs Rooney posted on social media alleging Mrs Vardy was behind not only these leaks, but also the earlier leaks to the press.

Mrs Vardy sued in defamation; her claim issued on 12 June 2020. A trial had been scheduled for 9 May 2022 with a time estimate of seven days.

Mr Justice Nicklin had adjourned the without notice hearing of Mrs Rooney's application to join a third party to be heard on notice for the expedient of avoiding the disruption of an application...