Creative Resins International Ltd v Glasslam Europe Ltd & Ors

Creative Resins International Ltd v Glasslam Europe Ltd & Ors

The published statements were false and seriously defamatory of the Claimant, damaging its commercial reputation. There was no justification or privilege for publication, and any claim to qualified privilege was defeated by malice. The Claimant is entitled to damages and injunctive relief.

Parties
Claimant: Creative Resins International Limited; First Defendant: Glasslam Europe Limited; Second Defendant: Donne Mileham & Haddock (A firm); Third Defendant: Stephen Howes
Jurisdiction
England and Wales
Judgment Date
01 December 2006
Procedural Posture
Libel Action / Judgment and Tomlin Order
Outcome
Judgment for the Claimant against the Third Defendant; Tomlin order for settlement with the First Defendant; Second Defendant exited litigation.
Legal Topics
Libel, Corporate Reputation, Qualified Privilege, Malice, Damages, Injunction
Defamation Tort Libel Corporate Reputation Qualified Privilege Malice Damages Injunction

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Parties

Creative Resins International Limited

Claimant

Glasslam Europe Limited

First Defendant

Donne Mileham & Haddock (A firm)

Second Defendant

Stephen Howes

Third Defendant

Procedural Posture

Libel Action / Judgment and Tomlin Order

Legal Issues

  1. 1 Whether the published statements were defamatory of the Claimant
  2. 2 Whether the publication was protected by qualified privilege
  3. 3 Whether malice defeated any privilege

Ratio Decidendi

The published statements were false and seriously defamatory of the Claimant, damaging its commercial reputation. There was no justification or privilege for publication, and any claim to qualified privilege was defeated by malice. The Claimant is entitled to damages and injunctive relief.

Court Disposition

Judgment for the Claimant against the Third Defendant; Tomlin order for settlement with the First Defendant; Second Defendant exited litigation.

Orders

  • Third Defendant to pay £15,000 in general damages to the Claimant
  • Third Defendant to pay £45,000 interim costs within 21 days, subject to detailed assessment on indemnity basis