3/6/23, 9:54 AM
FGX v Gaunt [2023] EWHC 419 (KB) (27 February 2023)
committed Christian and her relationship with the Defendant was based, at her request, on sexual
abstinence until marriage. The shock of what the Defendant had done was all the greater to her because the
Defendant was aware of the significance of her beliefs in this respect. Her nightmares come and go now
but never leave her and she would like the assistance of more therapy to help her. She still finds it hard to
trust people; has given up going to a bible study group as a result and prefers to be on her own. She prefers
not to enter into romantic relationships, trusting only herself. She shops online so she does not have to get
changed in changing rooms. She finds staying in hotels for work (which she tries to avoid) difficult
because she becomes paranoid and starts searching for cameras. She changed her job to home working to
avoid having to go into an office.
24. I found her to be a measured witness who was prepared to acknowledge where her symptoms had
improved over time, as with her headaches.
The Expert Evidence
Psychiatric
25. Dr Pavan Chahl, a Consultant Psychiatrist, assessed the Claimant in February 2021, four years after the
events in question.
26. He diagnosed the Claimant as suffering from post-traumatic stress disorder (PTSD), caused by the
Claimant's knowledge that the images of her in a state of undress are on the internet for public viewing. He
described the Claimant as remaining pre-occupied with the trauma of the images being uploaded without
her consent and available to the public. As a result, the Claimant seeks to avoid circumstances resembling
or associated with the conduct in question, including avoiding trying on clothes in shops and staying in
hotels, which leads to her becoming paranoid about being videoed. She has problems with sleep, anger,
difficulty concentrating, hyper vigilance and an exaggerated startle response. He explained that depression
and anxiety are common with the condition.
27. He identified the Claimant as one of a minority of cases in which PTSD becomes chronic over several
years causing "an enduring personality change." This was largely due to her fear of the Defendant and a
preoccupation with the knowledge that the intimate images remain on the internet, out of her control and
still accessible to the public.
28. Separately he diagnosed a relapse of an existing mixed anxiety and depressive disorder, 'greater than 50%'
of which he attributed to the events in question.
29. He identified several vulnerability factors in the Claimant, including instances of physical and emotional
abuse in other relationships, her family history of psychiatric conditions, and her previous experience of
mixed anxiety and depressive disorder. He did not however consider that these factors contributed
significantly to the symptoms that she presented which he considered to be "specific, severe and directly
linked" to the events under scrutiny.
30. He considered relapses of both conditions to be "very likely".
31. In his opinion, the Claimant had already received appropriate treatment by the time of his assessment of
her and she did not require further treatment at that time. He estimated the likely cost of treatment in the
event of future relapses (which he identified as likely) as follows:
4-6 monthly follow up by a consultant psychiatrist for the next 2-5 years at cost of up to
£2000 in the private sector
a further course and up to two further courses of Cognitive Behavioural Therapy at a
cost of up to £2000.
https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWHC/KB/2023/419.html&query=(defamation)
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