Takenaka (UK) Ltd & Anor v Frankl [2001] EWCA Civ 348 (7 March 2001)

Takenaka (UK) Ltd & Anor v Frankl [2001] EWCA Civ 348 (7 March 2001)

The expert evidence, corroborated by circumstantial facts and absence of plausible alternative explanations, established on the balance of probabilities that the defendant authored the defamatory emails.

Citation
[2001] EWCA Civ 348
Parties
Claimant: Takenaka (UK) Ltd; Claimant: Brian Corfe; Defendant: David Frankl
Jurisdiction
England and Wales
Judgment Date
07 March 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
application dismissed
Legal Topics
Electronic Evidence, Expert Evidence, Burden of Proof, Defamation
Defamation Evidence Electronic Evidence Expert Evidence Burden of Proof

Case Brief

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Parties

Takenaka (UK) Ltd

Claimant

Brian Corfe

Claimant

David Frankl

Defendant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the defendant, David Frankl, sent or caused to be sent three defamatory emails to the claimants
  2. 2 Whether the expert evidence sufficiently established authorship of the emails
  3. 3 Whether anomalies in timing and physical evidence undermine the judge's findings

Ratio Decidendi

The expert evidence, corroborated by circumstantial facts and absence of plausible alternative explanations, established on the balance of probabilities that the defendant authored the defamatory emails.

Court Disposition

application dismissed

Orders

  • Appeal denied
  • Judgment of lower court affirmed