Simon Schofield v Politicalite Limited & Anor
[2024] EWHC 543 (KB)
Simon Bard Parkes v Toby Hall & Anor.
4 April 2023
[2023] EWHC 794 (KB)
High Court
Someone spread nasty lies online about another person. The liar was ordered to pay £35,000 and stop spreading lies, even though they didn't show up to court.
Key Facts
- •Simon Parkes sued Toby Hall and Stephen Earnshaw for defamation, harassment, breach of data protection, and misuse of private information.
- •The claim concerned 9 defamatory videos and 4 emails published online between July and September 2020.
- •Hall's defence was struck out, and he reached a settlement with Parkes for £132,050.
- •Earnshaw's defence was also struck out, but he did not appear at the remedies hearing.
- •The court proceeded in Earnshaw's absence, finding that Parkes had taken all reasonable steps to notify him.
- •The defamatory publications contained serious allegations against Parkes, including claims of sexual abuse, fraud, and involvement in satanic rituals.
- •Parkes's spiritual group, Connecting Consciousness, suffered reputational damage and membership loss due to the publications.
Legal Principles
Determination of general compensatory damages in defamation actions.
Barron v Vines [2016] EWHC 1226 (QB)
In cases with multiple defamatory publications, a single award of damages is permissible.
Culla Park Ltd v Richards [2007] EWHC 1850 (QB)
Mitigation of damages where a claimant has already received compensation from another defendant.
Ronaldo v Telegraph Media Group Limited [2010] EWHC 2710 (QB)
Aggravated damages may be awarded for conduct of the defendant during proceedings.
John v MGN Ltd [1997] QB 586 (CA)
Factors relevant to determining damages for misuse of private information.
Richard v The British Broadcasting Corporation [2018] EWHC 1837 (Ch)
Damages for harassment are to compensate for distress and injury to feelings.
ZAM v CFW [2013] EWHC 662 (QB)
Vento bands for assessing damages in harassment cases.
Vento v Chief Constable of West Yorkshire Police [2002] EWCA Civ 1871
Simmons v Castle adjustment for damages awards.
Simmons v Castle [2012] EWCA Civ 1039
Outcomes
£35,000 in general damages awarded to Parkes against Earnshaw.
Seriousness of allegations, extent of publication, distress caused to Parkes and his family, harassing nature of Earnshaw's campaign, lack of apology or remorse from Earnshaw.
Injunctive relief granted.
Earnshaw prohibited from further publications about Parkes, ordered to delete videos.