De Azavedo Camacho v OCS Group UK Ltd [2024] EWHC 1164 (KB) (16 May 2024)

De Azavedo Camacho v OCS Group UK Ltd [2024] EWHC 1164 (KB) (16 May 2024)

The claimant did not expressly or impliedly consent to the publication of defamatory statements about her by colleagues during grievance investigations merely by agreeing to be subject to the employer's grievance policy. The defence of consent, as established in Friend v Civil Aviation Authority, does not extend to such circumstances absent clear and unequivocal evidence of consent to the specific publications. The Deputy Master was wrong to summarily dismiss the defamation claim on the basis of an unanswerable consent defence.

Citation
[2024] EWHC 1164 (KB)
Parties
Appellant/claimant: Maria Joao de Azavedo Camacho; Respondent/defendant: OCS Group UK Limited
Jurisdiction
England and Wales
Judgment Date
16 May 2024
Procedural Posture
Appeal / Judgment on Appeal From Summary Dismissal of Defamation, Harassment, and Unlawful Means Conspiracy Claims
Outcome
Appeal allowed in respect of the defamation claim; summary judgment set aside.
Legal Topics
Defamation, Harassment, Unlawful Means Conspiracy, Consent Defence, Employment Grievance Procedures
Tort Law Employment Law Defamation Harassment Unlawful Means Conspiracy Consent Defence Employment Grievance Procedures

Case Brief

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Parties

Maria Joao de Azavedo Camacho

Appellant/claimant

OCS Group UK Limited

Respondent/defendant

Procedural Posture

Appeal / Judgment on Appeal From Summary Dismissal of Defamation, Harassment, and Unlawful Means Conspiracy Claims

Legal Issues

  1. 1 Whether the defence of consent applies to defamatory statements made during grievance investigations as opposed to disciplinary proceedings
  2. 2 Whether the claimant consented to the publication of allegedly defamatory statements by colleagues during grievance interviews

Ratio Decidendi

The claimant did not expressly or impliedly consent to the publication of defamatory statements about her by colleagues during grievance investigations merely by agreeing to be subject to the employer's grievance policy. The defence of consent, as established in Friend v Civil Aviation Authority, does not extend to such circumstances absent clear and unequivocal evidence of consent to the specific publications. The Deputy Master was wrong to summarily dismiss the defamation claim on the basis of an unanswerable consent defence.

Court Disposition

Appeal allowed in respect of the defamation claim; summary judgment set aside.

Orders

  • Parties to provide written submissions on permission to amend and consequential matters.