Dr Riccardo Frati v Karen Bowen-Carter
[2023] EWHC 627 (KB)
Siobhain Crosbie v Caroline Ley
1 November 2023
[2023] EWHC 2626 (KB)
High Court
Two therapists fought in court. One said the other stole her clients online. The judge said it was a website mistake, not the other therapist's fault. But the judge said the first therapist was mean and had spread lies for years, so she had to pay the other therapist a lot of money.
Key Facts
- •Siobhain Crosbie (Claimant) sued Caroline Ley (Defendant) for passing off due to online directory listings.
- •The Defendant counterclaimed for defamation, harassment, and GDPR violations.
- •The Claimant alleged the Defendant created misleading online listings, diverting potential clients.
- •The Defendant denied creating the listings, claiming they resulted from a Google software error.
- •The Claimant made numerous social media posts accusing the Defendant of fraud and threatening violence.
- •The Claimant's claimed loss was £1,422,418.80 plus interest.
Legal Principles
Passing Off
Reckitt & Colman Products Ltd v Borden Inc (No 3) [1990] 1 WLR 491
Defamation
Millett v Corbyn [2021] EMLR 19
Harassment
Protection from Harassment Act 1997
Data Protection
Data Protection Act 1998 and GDPR
Outcomes
Claimant's passing off claim dismissed.
Insufficient evidence to prove Defendant created misleading listings; Google software error likely cause; no evidence of damage.
Defendant's counterclaim for defamation and harassment succeeds.
Claimant's publications contained defamatory statements causing serious harm to Defendant's reputation; Claimant's conduct constituted harassment.
Defendant awarded £75,000 in damages (including aggravated damages).
Compensatory damages for defamation and harassment, aggravated by Claimant's conduct and meritless claim.
Injunction granted to restrain further publications by the Claimant.
To prevent further harassment.
Order under s 12 of the Defamation Act 2013 made for publication of judgment summary.
To repair Defendant's reputation and provide vindication.