Ranger v Pycraft

Ranger v Pycraft

The defendant breached the undertakings by publishing further defamatory statements of the same or similar nature to those previously complained of, both by sending a briefing to a journalist and by facilitating its wider dissemination, and by failing to delete specified tweets. The undertakings are enforceable as a contract, and the breaches are established on the balance of probabilities. However, the risk of future breach is not sufficient to justify a permanent injunction at this stage.

Parties
Claimant: Lance Dorian Ranger; Defendant: Charles Pycraft
Jurisdiction
England and Wales
Judgment Date
08 March 2021
Procedural Posture
Civil (contract/defamation Undertaking Enforcement) / Judgment After Trial
Outcome
Claim allowed in part; breach of contract established; costs awarded; injunction refused.
Legal Topics
Enforcement of Undertakings, Interpretation of Settlement Agreements, Breach of Contract, Defamation Settlements, Injunctive Relief

Case Brief

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Parties

Lance Dorian Ranger

Claimant

Charles Pycraft

Defendant

Procedural Posture

Civil (contract/defamation Undertaking Enforcement) / Judgment After Trial

  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 as a contract

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 sending a briefing to a journalist and by facilitating its wider dissemination, and by failing to delete specified tweets. The undertakings are enforceable as a contract, and the breaches are established on the balance of probabilities. 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 contract established; costs awarded; injunction refused.

Orders

  • Defendant to pay claimant's legal costs as provided in the undertakings.
  • Application for a permanent injunction refused.