Guerrilla Marketing Ltd v NGM Advertising Ltd & Ors [2026] EWHC 1085 (KB) (08 May 2026)
With the exception of the first email, all publications conveyed statements of fact that the Claimant had engaged in fraudulent mis-selling of advertising space, including dishonesty and deception, and these meanings are defamatory at common law. The first email conveyed only reasonable grounds to investigate and was not defamatory.
- Citation
- [2026] EWHC 1085 (KB)
- Parties
- Claimant: Guerrilla Marketing Ltd; First Defendant: NGM Advertising Limited; Second Defendant: Guy Thurlow; Third Defendant: Gregory Allen
- Jurisdiction
- England and Wales
- Judgment Date
- 08 May 2026
- Procedural Posture
- Civil (defamation/media) / Preliminary Issues Trial (meaning, Fact/opinion, Defamatory at Common Law)
- Outcome
- Preliminary issues determined: meanings found as set out; all but the first email are defamatory at common law; all meanings are statements of fact, not opinion.
- Legal Topics
- Libel, Malicious Falsehood, Unlawful Interference With Economic Interests, Procuring Breach of Contract, Meaning of Publications, Fact Vs Opinion, Defamatory at Common Law, Chase Levels
Case Brief
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Parties
Guerrilla Marketing Ltd
Claimant
NGM Advertising Limited
First Defendant
Guy Thurlow
Second Defendant
Gregory Allen
Third Defendant
Procedural Posture
Civil (defamation/media) / Preliminary Issues Trial (meaning, Fact/opinion, Defamatory at Common Law)
Legal Issues
- 1 What are the natural and ordinary meanings of the publications complained of?
- 2 Are the publications statements of fact or expressions of opinion?
- 3 Are the publications defamatory at common law?
Ratio Decidendi
With the exception of the first email, all publications conveyed statements of fact that the Claimant had engaged in fraudulent mis-selling of advertising space, including dishonesty and deception, and these meanings are defamatory at common law. The first email conveyed only reasonable grounds to investigate and was not defamatory.
Court Disposition
Preliminary issues determined: meanings found as set out; all but the first email are defamatory at common law; all meanings are statements of fact, not opinion.
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