Downtex Plc v Flatley [2004] EWHC 333 (QB) (27 February 2004)

Downtex Plc v Flatley [2004] EWHC 333 (QB) (27 February 2004)

The court held that the libel was serious, publication was to key business contacts, and that damages for libel should be assessed at the statutory maximum of £10,000 under s.8 of the Defamation Act 1996. Damages for breach of contract were assessed at a nominal £10 to avoid double counting, as both claims arose from the same publication. Subsequent restructuring of the claimant company did not affect the damages assessment for the period between publication and restructuring.

Citation
[2004] EWHC 333
Parties
Claimant: Downtex PLC; Defendant: Andrew James Flatley
Jurisdiction
England and Wales
Judgment Date
27 February 2004
Procedural Posture
Libel and Breach of Contract / Assessment of Damages Following Summary Judgment
Outcome
Damages awarded to claimant; nominal damages for breach of contract.
Legal Topics
Libel, Corporate Defamation, Damages Assessment, Breach of Contract, Summary Judgment
Defamation Contract Libel Corporate Defamation Damages Assessment Breach of Contract Summary Judgment

Case Brief

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Parties

Downtex PLC

Claimant

Andrew James Flatley

Defendant

Procedural Posture

Libel and Breach of Contract / Assessment of Damages Following Summary Judgment

Legal Issues

  1. 1 What is the appropriate measure of damages for libel against a corporation under s.8 of the Defamation Act 1996?
  2. 2 Should damages for breach of contract be awarded in addition to libel damages for the same publication?
  3. 3 Does subsequent corporate restructuring affect the assessment of damages for libel?

Ratio Decidendi

The court held that the libel was serious, publication was to key business contacts, and that damages for libel should be assessed at the statutory maximum of £10,000 under s.8 of the Defamation Act 1996. Damages for breach of contract were assessed at a nominal £10 to avoid double counting, as both claims arose from the same publication. Subsequent restructuring of the claimant company did not affect the damages assessment for the period between publication and restructuring.

Court Disposition

Damages awarded to claimant; nominal damages for breach of contract.

Orders

  • Defendant to pay £10,000 in damages for libel to Downtex PLC under s.8 of the Defamation Act 1996.
  • Defendant to pay £10 nominal damages for breach of contract.