THE HON. MRS JUSTICE TIPPLES
Approved judgment
Greenstein v Campaign Against Antisemitism
[2020] EWHC 2951 (QB)
9. As a result of the defendant’s misuse of the claimant’s private information,
the claimant has suffered and continues to suffer distress, hurt and intense
embarrassment.”
66. As with the claim under the 1998 Act, the defendant’s response is that this claim: (i)
does not add materially to the claim in libel and that it serves “no purpose and is
liable to be struck out” (see paragraph 81 of the amended defence); (ii) it is not
properly particularised; and (iii) should be struck out as an abuse of process under
the Jameel jurisdiction.
67. The claimant takes essentially the same points set out at paragraph 60 above in
relation to the way the defendant has framed its strike out application in respect of
this claim. It seems to me that this claim goes hand in hand with the claim under the
1998 Act and, as with that claim, I am not in a position to reach any view on the
information before me that the continued litigation of the claim for misuse of private
information is disproportionate or that this is an exceptional case in which the
Jameel jurisdiction should be exercised. I therefore refuse the defendant’s
application to strike out this claim.
Conclusion
68. The result therefore is that the defendant is entitled to summary judgment under
CPR Part 24.2 on the honest opinion defences; the malice pleas (at paragraphs 22,
23,25 and 26 of the amended reply) shall be struck out under CPR Part 3.4(2)(a);
paragraph 7.2 of the particulars of claim shall be struck out (as a result of the
claimant’s concession); and the defendant’s applications to strike out the claims
under the 1998 Act and for misuse of private information are dismissed.
69. The disposal of the defamation claim substantially reduces the size of this litigation.
Decisions about the future case management of this claim will include devising a
procedure by which the remaining parts of the claim can be adjudicated in a
proportionate way. That will include consideration whether the claim should remain
in the High Court or be transferred to the County Court and I will invite the parties’
submissions on this issue.
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