Smith (claimant/appellant) v Backhouse (defendant/respondent)
Tuesday 11 July 2023
The Claimant appeals against the order made by Nicklin J dated 8 November 22 whereby he refused to accept para 1,2,and 3 of undertakings contained in C’s Part 36 offer (which had been accepted by D).
The hearing was held to determine whether the Court should accept undertakings to the Court that had been agreed as a settlement of a claim for harassment/misuse of private information/data protection.
The refused undertakings were that (1) D should not publish anything referring to C with 2 exceptions, (2) attempt to impersonate C; or (3) seek to monitor C’s activities.
The judge considered that these terms were too wide but gave PTA on basis that there was an otherwise compelling reason for the appeal to be heard. He stated that there was a lack of authority of the point which was of some importance.