3/6/23, 9:54 AM
FGX v Gaunt [2023] EWHC 419 (KB) (27 February 2023)
64. I am satisfied from the medical evidence before me as to the need for treatment from a consultant
psychiatrist and therapist. I accept the evidence demonstrates that the Claimant's PTSD and more than
50% of her anxiety and depression is attributable to the Defendant's conduct. I am also satisfied that his
conduct has played a significant part in the need for therapy which is not divisible into separate
components. I award the full amount for treatment costs (KR & Others v Bryn Alyn Community
(Holdings) Ltd [2003] EWCA Civ 85) (§135).
65. The Claimant has been prescribed medication for the PTSD and her mixed Anxiety and Depressive
disorder. She initially paid for the prescriptions individually but then did so through a pre-payment
certificate, which the Court was told has worked out cheaper overall.
66. I award a modest amount for the dentistry in the absence of expert evidence to support the Claimant's
evidence that her teeth grinding is an effect of the psychiatric injury.
67. I award £4,522.93 for past treatment.
Interest calculation
68. The total past losses allowed for amount to £10,861.69. As the losses were incurred at different dates after
2017, when the Claimant came across the Defendant's laptop, I consider it reasonable to apply interest at
half the special account rate (£163.72), making a total of £11,025.41.
Cost of removing the images from the internet
69. The Claimant seeks £21, 600 as the estimated cost of removing a significant amount of content. I have
considered the report from Igniyte Ltd and accept that £21,600 is a reasonable basis for the estimate, in
circumstances where the Defendant's failure to participate in these proceedings has prevented a more
reliable estimate.
Future treatment costs
70. The Claimant seeks £8,672.10 as the cost of further treatment.
71. I award the costs of a further round of treatment specified in the medical report. I accept the opinion of the
Consultant Psychiatrist (Dr Chahl) in 2021 that further relapses are likely, as confirmed by the Claimant's
evidence that her symptoms continue, 5 years on, albeit it with some modest improvement. I award the full
amount for treatment costs for the reasons explained at paragraph 64 above.
72. The Claimant also seeks the costs of prescribed medication for the remainder of her life which she
proposes to fund through an annual pre-payment certificate. I consider there to be a potential for double
recovery because I have awarded the costs of removing the internet content on the basis that the continued
online presence of the images represents a barrier to recovery. It is to be hoped that the process of online
removal (albeit unable to capture downloaded content) and the further treatment I have allowed for will
lead to an improvement in the Claimant's symptoms. Accordingly, I award an amount for an annual prepayment certificate for a modest period of time (2 years) (£216.20).
73. I award £4416.20 for future treatment.
Total Award
74. In summary, I award the Claimant:
Pain, suffering and loss of amenity £60,000
Special damages £37,041.61
https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWHC/KB/2023/419.html&query=(defamation)
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