FGX v Stuart Gaunt
[2023] EWHC 419 (KB)
AXB v Hossam Metwally
6 October 2023
[2023] EWHC 2470 (KB)
High Court
A doctor secretly filmed his patient. The patient sued and won. The judge gave the patient money to cover her mental health problems (caused by the doctor's actions) and problems finding a new job if she lost her current one.
Key Facts
- •The claimant (AXB) received medical treatment from the defendant (Hossam Metwally) in 2013-2014.
- •The defendant secretly recorded intimate video footage of the claimant during appointments.
- •The police seized the footage from the defendant's clinic in 2020.
- •The claimant sued for misuse of private information.
- •The defendant pleaded guilty to voyeurism offences in 2021.
- •The defendant did not appear at the damages hearing.
- •The claimant suffered PTSD, agoraphobia, and recurrent depression as a result of the defendant's actions.
Legal Principles
Where a party fails to appear at a trial, the court may proceed in their absence (CPR 39.3(1)).
CPR 39.3(1)
In a trial in absence, the court must consider if the defendant had proper notice and examine evidence for reasons of non-appearance (Sloutsker v Romanova).
Sloutsker v Romanova [2015] EWHC 545 (QB)
A more cautious approach is needed for a trial in absence compared to an application (Reid v Price).
Reid v Price [2020] EWHC 594
Sexual Offences (Amendment) Act 1992 prohibits publication of information identifying victims of sexual offences unless waived.
Sexual Offences (Amendment) Act 1992
The court must guard against double recovery when awarding aggravated damages (AT & ors v Dulgieru).
AT & ors v Dulgieru [2009] EWHC 225 (QB)
To claim for future risk on the open labour market, there must be a real or substantial risk of job loss and disadvantage in obtaining alternative work (Moeliker v A Reyrolle & Co Ltd).
Moeliker v A Reyrolle & Co Ltd [1977] 1 WLR 132
Outcomes
Judgment was entered for the claimant with damages to be assessed.
The defendant failed to acknowledge service and did not appear at the hearing despite sufficient notice.
General damages of £38,000 awarded (including a modest uplift for aggravated damages).
The claimant suffered moderately severe PTSD, agoraphobia, and recurrent depression as a direct result of the defendant's actions; the breach of trust as doctor was an aggravating factor.
Special damages of £4,150 awarded for future psychological treatment (EMDR) and travel expenses.
The claimant requires EMDR therapy and is likely to engage in it; travel is required after 16 online sessions.
Damages of £8,942.05 awarded for disadvantage on the labour market.
The claimant is at a real disadvantage in the labour market due to agoraphobia, but this is likely to be resolved within a few years.
Total damages awarded: £51,092.05, plus £920.44 interest.
Summation of general and special damages and interest.