Peck Williams Trade Supplies Ltd & Ors

Peck Williams Trade Supplies Ltd & Ors

The Email's natural and ordinary meaning is that the Claimant was unfit (or unable) satisfactorily to perform the role of sales representative of Grant because, in his past dealings with the First Defendant’s sales team, he had consistently fallen seriously below the standards to be expected of a competent and diligent sales representative. The words up to 'because' are opinion, the remainder is fact. Both elements are defamatory at common law. The Email indicated the basis of the opinion expressed. The Defendants have demonstrated the first and second conditions for the defence of honest opinion under s.3 Defamation Act 2013.

Parties
Claimant: Andrew Peck; First Defendant: Williams Trade Supplies Limited; Second Defendant: Miquel Goddard (known as Micky Goddard)
Jurisdiction
England and Wales
Judgment Date
23 April 2020
Procedural Posture
Civil Defamation and Related Torts / Judgment on Preliminary Issues
Outcome
Preliminary issues determined; meaning found; elements of honest opinion defence established for first two conditions.
Legal Topics
Libel, Malicious Falsehood, Negligent Misstatement, Data Protection, Honest Opinion Defence, Meaning of Words, Defamatory Meaning, Fact Vs Opinion
Defamation Tort Law Media Law Libel Malicious Falsehood Negligent Misstatement Data Protection Honest Opinion Defence +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 25 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Andrew Peck

Claimant

Williams Trade Supplies Limited

First Defendant

Miquel Goddard (known as Micky Goddard)

Second Defendant

Procedural Posture

Civil Defamation and Related Torts / Judgment on Preliminary Issues

Legal Issues

  1. 1 What is the natural and ordinary meaning of the Email?
  2. 2 Is the meaning defamatory at common law?
  3. 3 Does the Email convey an expression of opinion or statement of fact?

Ratio Decidendi

The Email's natural and ordinary meaning is that the Claimant was unfit (or unable) satisfactorily to perform the role of sales representative of Grant because, in his past dealings with the First Defendant’s sales team, he had consistently fallen seriously below the standards to be expected of a competent and diligent sales representative. The words up to 'because' are opinion, the remainder is fact. Both elements are defamatory at common law. The Email indicated the basis of the opinion expressed. The Defendants have demonstrated the first and second conditions for the defence of honest opinion under s.3 Defamation Act 2013.

Court Disposition

Preliminary issues determined; meaning found; elements of honest opinion defence established for first two conditions.

Orders

  • The natural and ordinary meaning of the Email is as set out in the judgment.
  • The Email is defamatory at common law.