Downtex v Flatley [2003] EWCA Civ 1282 (02 October 2003)

Downtex v Flatley [2003] EWCA Civ 1282 (02 October 2003)

The defence of qualified privilege was unsustainable because the letters imputed insolvency or near insolvency without objective justification, and there was no sufficient reciprocity of interest between Flatley and the suppliers to warrant the communication. The facts relied on by the defendants did not support the...

Source-derived case information.

Citation
[2003] EWCA Civ 1282
Parties
Appellant: Downtex; Respondent: Flatley
Jurisdiction
England and Wales
Judgment Date
02 October 2003
Procedural Posture
Civil Appeal / Appeal From Interlocutory Decision of High Court (queen's Bench Division, Elias J)
Outcome
Appeal allowed in part; summary judgment for Downtex on qualified privilege; appeal of second and third claimants dismissed; respondent's cross-appeal dismissed; damages to be assessed.
Legal Topics
Qualified Privilege, Summary Judgment, Breach of Contract, Libel, Injunction, Damages Assessment
Defamation Contract Qualified Privilege Summary Judgment Breach of Contract Libel Injunction Damages Assessment

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Summary, issues, holding and outcome

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Parties

Downtex

Appellant

Flatley

Respondent

Procedural Posture

Civil Appeal / Appeal From Interlocutory Decision of High Court (queen's Bench Division, Elias J)

Legal Issues

  1. 1 Whether the defence of qualified privilege applied to the publication of defamatory letters by the respondent to suppliers of the appellant.
  2. 2 Whether summary judgment should be granted to the appellant in the defamation and contract claims.
  3. 3 Whether the letters referred unambiguously to the individual directors (second and third claimants).

Ratio Decidendi

The defence of qualified privilege was unsustainable because the letters imputed insolvency or near insolvency without objective justification, and there was no sufficient reciprocity of interest between Flatley and the suppliers to warrant the communication. The facts relied on by the defendants did not support the existence of a privileged occasion. Summary judgment should have been granted for Downtex on the issue of qualified privilege.

Court Disposition

Appeal allowed in part; summary judgment for Downtex on qualified privilege; appeal of second and third claimants dismissed; respondent's cross-appeal dismissed; damages to be assessed.

Orders

  • Judgment for Downtex in respect of libel (excluding anonymous letter and letter of 19 June); damages to be assessed by judge alone.
  • Permanent injunction against repetition stands.