Ranger v Pycraft [2021] EWHC 502 (QB) (08 March 2021)

Ranger v Pycraft [2021] EWHC 502 (QB) (08 March 2021)

The defendant breached the undertakings by publishing further defamatory statements of the same or similar nature to those previously complained of, both by direct communication to a journalist and by causing publication to a listserv accessible to hundreds of journalists, which constituted 'publication' within the meaning of the undertakings. The undertakings are sufficiently certain and enforceable. The defendant also probably failed to delete three specified tweets, further breaching the undertakings. However, the risk of future breach is not sufficient to justify a permanent injunction at this stage.

Citation
[2021] EWHC 502 (QB)
Parties
Claimant: Lance Dorian Ranger; Defendant: Charles Pycraft
Jurisdiction
England and Wales
Judgment Date
08 March 2021
Procedural Posture
Breach of Contract (enforcement of Undertakings) / High Court Judgment After Trial
Outcome
Claim allowed in part; breach of undertakings found; costs awarded; no injunction granted.
Legal Topics
Enforcement of Undertakings, Defamation Settlements, Interpretation of Settlement Agreements, Freedom of Expression, Permanent Injunctions
Contract Law Media Law Enforcement of Undertakings Defamation Settlements Interpretation of Settlement Agreements Freedom of Expression Permanent Injunctions

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Parties

Lance Dorian Ranger

Claimant

Charles Pycraft

Defendant

Procedural Posture

Breach of Contract (enforcement of Undertakings) / High Court Judgment After Trial

Legal Issues

  1. 1 Whether the defendant breached undertakings not to publish further defamatory statements of the same or similar nature to those previously complained of
  2. 2 Whether the defendant failed to delete specified defamatory material as required by the undertakings
  3. 3 Whether the undertakings are enforceable and sufficiently certain

Ratio Decidendi

The defendant breached the undertakings by publishing further defamatory statements of the same or similar nature to those previously complained of, both by direct communication to a journalist and by causing publication to a listserv accessible to hundreds of journalists, which constituted 'publication' within the meaning of the undertakings. The undertakings are sufficiently certain and enforceable. The defendant also probably failed to delete three specified tweets, further breaching the undertakings. However, the risk of future breach is not sufficient to justify a permanent injunction at this stage.

Court Disposition

Claim allowed in part; breach of undertakings found; costs awarded; no injunction granted.

Orders

  • Defendant to pay claimant's legal costs as provided in the undertakings, to be assessed if not agreed.
  • Application for a permanent injunction refused.