- In brief: A reminder of the effectiveness of Section 10 of the Data Protection Act 1998 and the law of malicious falsehood (Al-Ko Kober v Balvinder Sambhi (trading as Torquebars))
- What are the practical implications of this case?
- What was this case about?
- What did the court decide?
- Malicious falsehood
- Data Protection Act 1998
- Case details
IP analysis: Azeem Suterwalla, barrister at Monckton Chambers, considers the case Al-Ko Kober v Balvinder Sambhi (trading as Torquebars). In this decision, the High Court reconsidered and summarised the principles governing the tort of malicious falsehood and how these can be used to protect a company’s reputation. The court also analysed how the Data Protection Act 1998 (DPA 1998) can be used in similar fashion to protect an individual where the actions complained of also constitute processing of personal data. The decision shows that, in the right case, a court will be willing to grant draconian relief so as to protect a company’s reputation and business. The importance of the need for a defendant to put forward some evidence, so as to avoid the conclusion that their case was unarguable, was also emphasised. The case provides a useful and accessible guide to the application of malicious falsehood and claims under DPA 1998, s 10.
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