We continue to act for Jamelah Asmar in defending a privacy claim brought against her by Katie Price. In February, Master McCloud struck out the claim due to Ms Price’s failure to exchange witness statements on time. On 3 December, Master McCloud gave Ms Price relief from sanctions, allowing her claim to continue to trial. This was primarily because depriving Ms Price of a trial would engage her rights under Article 6 (the right to a fair trial) and Article 8 (the right to privacy) of the European Convention on Human Rights. In addition, all the Defendants had accused Ms Price of having lied in her statements of case and in a witness statement and it had been suggested that she ought to be prosecuted for perjury. This was strongly denied by Ms Price. The Master held that it was in the public interest for this issue to be determined at trial.
However, the Master found that Ms Price’s breach of the order to exchange witness statements had the appearance of being tactical. As a result of this and other factors, the Master made the relief conditional on Ms Price giving security for the costs of Ms Asmar and possibly the other Defendants also. The amount of the security will be determined at a subsequent hearing if not agreed.
The trial is likely to take place in the middle of next year.