Enyo Law acts on behalf of Mr and Mrs Gerrard in relation to proceedings they have brought against (1) Eurasian Natural Resources Corporation Limited (“ENRC”) and (2) Diligence LLC (“Diligence”).
The Gerrards’ claim relates to unlawful covert surveillance activity carried out by ENRC and Diligence. The Gerrards seek damages including aggravated damages for misuse of private information and/or trespass and/or harassments and or compensation pursuant to the GDPR / DPA 1998 and 2018. Injunctive orders and orders for delivery up and confirmations on oath, amongst other things, are also sought. Interim injunctive relief was applied for by the Gerrards and consented to by ENRC and Diligence.
ENRC and Diligence applied to strike out (a) the Gerrards’ claim for harassment, and (b) their right to challenge the defendants’ assertions of litigation privilege. The Gerrards also applied for permission to amend their pleaded case. Following a hearing before Richard Spearman QC in November 2020, the applications to strike out parts of the Gerrards’ claims were dismissed, and their application to amend was successful. Richard Spearman QC held, inter alia, that covert surveillance could amount to harassment, and that the defendants’ attempts to prevent the Gerrards from challenging their privilege assertions in due course were premature.
Read the full judgment.