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
Summary, issues, holding and outcome
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Parties
Lance Dorian Ranger
Claimant
Charles Pycraft
Defendant
Procedural Posture
Civil (contract/defamation Undertaking Enforcement) / Judgment After Trial
Legal Issues
- 1 Whether the defendant breached undertakings not to publish further defamatory statements of the same or similar nature to those previously complained of
- 2 Whether the defendant failed to delete specified defamatory material as required by the undertakings
- 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.
Full Case Text
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