Malicious Falsehood; Data Protection – Order Under s10 DPA

Interim injunction - malicious falsehood - Bonnard v Perryman - data protection - order under s10 DPA.

Al-KO Kober Ltd & Anor v Balvinder Sambhi Reference: [2017] EWHC 2474 (QB) Court: High Court (Queen's Bench Division) Judge: Whipple J Date of Judgment: 6 Oct 2017

Facts

C1 was the UK based part of the business of Al-Ko VT, a leading brand in the towing and trailer industry. Two particular products, the AKS1300 and the AKS3004, formed part of the Company's stabiliser range for use when towing caravans. C2 was C1's marketing manager. D had developed a product which he referred to as "the Torquebar".

D had made 84 videos which referred to the AKS stabilisers, to C1 and to C2, in various ways which were derogatory, of the stabilisers, of C1 and of C2. The videos were shown on D's Torquebars YouTube channel.

In May 2017, C1 first became aware of D's videos. The viewing figures were low, and C1 took no legal action. On 19 May 2017, C2 telephoned D to ask him to remove the videos from his YouTube channel, suggesting that the videos reflected badly on C1 and contained statements and suggestions which were not true.

D called C2 back on 22 May 2017, and recorded this conversation without asking C2's permission ("the Recording"). C1 instructed Wright Hassall, solicitors, to advise. Following an exchange of correspondence, more videos started to appear on the Torquebars channel.

By August 2017 there were videos appearing which suggested that C2, C1 and/ or its products were a "killer"; meanwhile the videos were getting increased numbers of viewings, with one video (which referred to C1 conducting a "scam") recording thousands of viewings.

Following further correspondence, further videos were posted which were personal in tone, referring to C2 and the Cs' solicitor in terms which were highly offensive, alongside continued criticism of C1 and its products. D was also using extracts from a trade fair video in which C2 was shown speaking about the AKS stabilisers ("the Trade Fair Footage").

The Cs issued an application for (1) an interim injunction in malicious falsehood in favour of C1, and (2) an order in favour of the C2 pursuant to section 10(4) of the Data Protection Act 1988 ("the DPA") requiring D to cease processing C2's personal data.

Issue

Should C1 be granted an interim injunction in malicious falsehood? Should C2 be granted an order pursuant to section 10(4) DPA? Held

Granting an interim injunction in favour of C1 and an order pursuant to...