Shah Tasmina Hussain & Ors v Shamimur Rahman & Ors
[2024] EWHC 116 (KB)
LCG & Ors v OVD & Ors
15 August 2023
[2023] EWHC 2058 (KB)
High Court
A businessman fought his cousins in court because they allegedly used photos of his daughter to blackmail him into dropping a previous lawsuit. The judge didn't believe the blackmail happened, but did find someone misused the daughter's photos, even though they weren't caught.
Key Facts
- •Mr. C2, a prominent businessman, had a falling out with his cousins (Mr. D1 and Mr. D2) after they left his company and started a competing business.
- •Mr. C2 alleged that his cousins, along with Mr. D4 and Ms. D5, blackmailed him by obtaining and threatening to publish photographs from his daughter's private Instagram account.
- •The blackmail allegedly led Mr. C2 to withdraw a previous legal claim against his cousins.
- •The claimants (Mr. C2, his daughter Ms. C1, and C3 Ltd) brought claims for duress, undue influence, misuse of private information, and harassment.
- •The defendants denied the allegations and claimed Mr. C2's actions were oppressive, unfair, and anti-competitive.
- •The case involved significant procedural issues, including late disclosure of evidence by the claimants.
- •Two sets of photographs were central to the case: those shown to Mr. C2 in October 2018 and those in the 'Sergey from Moscow' message in August 2020.
Legal Principles
Misuse of private information
Campbell v Mirror Group Newspapers Ltd [2004] UKHL 22
Harassment
Protection from Harassment Act 1997
Duress and undue influence
Common law principles
Outcomes
Claims for duress and undue influence dismissed.
The court found insufficient evidence that Mr. C2 withdrew his claim due to threats or coercion by the defendants. The court accepted Mr. C2's alternative explanation that he withdrew the claim due to the onset of the COVID-19 pandemic and concerns about his business and health.
Claim for misuse of private information partially successful.
The court found that Ms. C1 had a reasonable expectation of privacy in the photographs. However, it was not established that the defendants were responsible for obtaining and using the photographs in the 'Sergey from Moscow' message.
Claim for harassment dismissed.
The court found insufficient evidence to establish that the defendants engaged in a course of conduct amounting to harassment. While some incidents were unpleasant, they were not linked sufficiently to constitute a course of conduct.