3/6/23, 9:54 AM
FGX v Gaunt [2023] EWHC 419 (KB) (27 February 2023)
date.
Quantum of damages
17. The Claimant seeks damages under the following nine heads of loss:
1.
2.
3.
4.
5.
6.
7.
8.
9.
Pain, Suffering and Loss of Amenity
Cost of Hotel Accommodation
Cost of Furniture
Wasted expenditure on holiday
Treatment costs
Interest on General and Special Damages
Future Treatment Costs
Cost of Removing Images from Internet
Account of Profit
To be assessed
£1,800
£8,000
£3,351.05
£5,377.49
To be assessed
£8,672.10
£21,600
Not proceeded with
18. Whilst the Claimant had located information indicating the Defendant obtained payment from the images,
Counsel conceded that the Claimant was unable to pursue an account of profit as there is insufficient
evidence to establish a case in this regard. He submitted that this was due largely to the Defendant failing
to participate in the proceedings, which has meant he cannot be questioned on this aspect of the claim.
Evidence
19. The written evidence before the Court comprised three witness statements from the Claimant (dated 13
December 2020; 7 April 2022 and 3 November 2022); two expert reports and oral evidence from the
Claimant at the hearing. The expert evidence comprised:
1) a psychiatric report from a Consultant Psychiatrist, Dr Chahl; and
2) a report from Mr Simon Wadsworth, the Managing Partner at Igniyte Ltd, a company providing online
content removal services, including the removal of "adult content."
The Claimant's Evidence
20. In her statement dated 13 December 2020, the Claimant describes the aftermath of her discovery of the
images:
"14 On the 23 October 2017, I went to work as usual. However, I had an emotional
breakdown because of everything I had found and so I returned home and contacted the
police. I also booked a GP appointment for the same day and I was prescribed Diazepam.
15 The following afternoon, a detective collected me from the house and took me to a suite to
complete a safeguarding assessment. The police then took me to Reading police station where
I gave a video interview.
16 I fled the house on 25 October 2017 as I did not want to be there when Stuart returned. I
planned to spend my future with Stuart, so I had invested in the house and purchased furniture
at cost of approximately £8000. However, I left all of my possessions at the house as I wanted
to leave as quickly as possible.
……
19 Stuart was manipulative. I have been seeing a therapist for a while and I have been
diagnosed with PTSD. I believe I will have PTSD for the rest of my life. To my knowledge, at
least one of the images of me is still available online. I asked the police to help me have the
https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWHC/KB/2023/419.html&query=(defamation)
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