|[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]|
England and Wales High Court (Queen's Bench Division) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Queen's Bench Division) Decisions >> Royal Brompton & Harefield NHS Foundation Trust & Ors v Shaikh  EWHC 4331 (QB) (19 December 2014)
Cite as:  EWHC 4331 (QB)
[New search] [Context] [View without highlighting] [Printable RTF version] [Help]
QUEEN'S BENCH DIVISION
Strand, London, WC2A 2LL
B e f o r e :
Sitting as a High Court Judge
| ROYAL BROMPTON & HAREFIELD NHS FOUNDATION TRUST
|- and -
Ian Brownhill (instructed by IBB Solicitors) for the Defendant
Hearing dates: 3 and 4 December 2014
Crown Copyright ©
Sir David Eady :
"2 The Defendant must not (whether by himself or by instructing or encouraging any other person):
(a) Harass any or all of the Second to Fifth Claimants or any of the current or former employees of the First Claimant identified in Schedule B;
(b) Communicate with any or all of the Claimants, whether by telephoning, text message, e-mail, or any other means (other than by letter and/or email addressed to the Claimants' solicitors or by telephoning the Claimants' solicitors);
(c) Submit applications for employment via the NHS website or at all in the name of any or all of the Second to Fifth Claimants and/or any of the current or former employees of the First Claimant identified in Schedule B;
(d) Set up accounts/profiles on LinkedIn and/or Facebook and/or Twitter or any other social media platform in the names of any or all of the Second to Fifth Claimants or any of the current or former employees of the First Claimant identified in Schedule B;
(e) Set up or cause to be set up any email accounts using Hotmail and/or Gmail and/or Facebook and/or any other email provider in the names of any or all of the Second to Fifth Claimants or any of the current or former employees of the First Claimant identified in Schedule B;
(f) Publish or cause to be published the statements and/or images about any or all of the Second to Fifth Claimants contained in the pages and/or websites and/or documents identified in Schedule A, or statements and/or images to similar effect.
3 The Defendant must not publish whether by himself his servants agents or otherwise howsoever the words complained of in this action or any similar words defamatory of the Second to Fifth Claimants."
i) A set of themes on the subject of Harefield Hospital and the individual Claimants, which had the individual stamp of the Defendant upon them, kept reappearing throughout the relevant publications.
ii) There was a close similarity between this later material and the original publications in respect of which judgment had been obtained on 9 May.
iii) Two USB sticks were lawfully seized from the Defendant while he was at West Drayton Police Station following his arrest on 27 July 2011. Mr Jaime Duggan gave evidence (which there is no reason to disbelieve) to the effect that two JPEG picture files (identified as GOLLY.JPEG and JRRR.JPEG) found on those sticks were shown to be an exact match for picture files (similarly named) that were found on two web pages which have already been found by the court to be the responsibility of the Defendant. He was ordered to stop publishing them on 9 May.
iv) Although no evidence has been given by the Defendant denying his responsibility, there has been a suggestion that there may have been some tampering with the sticks by an unidentified third party between the date of their seizure and the examination by Mr Duggan. In the absence of any evidence, however, I see no reason to doubt Mr Duggan's conclusion.
v) Evidence was given by Mr Sean Robbie on the subject of an IP address used by the Defendant to log on to his Hotmail address in February 2014. This was identical to the address used two days earlier when submitting a fake NHS job application in the name of the Fifth Claimant.
vi) Reliance is placed also on evidence given by the Defendant in the Disclosure and Barring proceedings (a transcript of which was exhibited by Mr Harris to his second affidavit). He there said inter alia that he was aware of the order of 9 May, but that he did not regard himself as bound by its terms since he had not been served personally.
Allegation 1: New blog at URL http://harefieldnhs.blogspot.ch
Allegations 2 and 3: New blogs at http://harefieldnhs.blogspot.co.uk and [as before]. com
Allegations 4 to 6: Facebook pages
Allegation 7: Another Facebook page
Allegation 8: The Facebook page about "Gollywogs" at Harefield Hospital
Allegation 9: A Facebook page in the name of Andrew Howlett
Allegations 10 and 11: Further Facebook posts in the name of Andrew Howlett
Allegation 12: A malicious referral
Allegation 13: Twitter posts using "ghbrown5"
Allegation 14: [Removed for duplication]
Allegation 15: A fake LinkedIn account
Allegation 16: Facebook posts containing links to blogspot "co.uk"
Allegation 17: Emails sent from account email@example.com
Allegation 18: Malicious referral to the Care Quality Commission ("CQC")
Allegations 19-29, 31-32, 34-37 and 40: YouTube videos
Allegations 41-44: Ongoing publication of blogs listed at Schedule A
Allegation 45: Recently discovered material at http://harefieldhospital1.blogspot. co.uk