Davies v Carter [2021] EWHC 3021 (QB) (15 November 2021)

Davies v Carter [2021] EWHC 3021 (QB) (15 November 2021)

The defendant failed to prove the claimant's involvement in Red Communications or the disputed project; his publications were false, defamatory, and caused serious harm to the claimant's reputation. The defendant's conduct amounted to a persistent, targeted, and oppressive campaign of harassment, not justified or reasonable in the circumstances. The claimant is entitled to damages for libel and harassment and to injunctive relief.

Citation
[2021] EWHC 3021 (QB)
Parties
Claimant: Terri Ann Davies; Defendant: Gavin Paul Carter
Jurisdiction
England and Wales
Judgment Date
15 November 2021
Procedural Posture
Civil Libel and Harassment / Trial Judgment
Outcome
Claims for libel and harassment succeed. Judgment for the claimant.
Legal Topics
Libel, Harassment, Defamation Act 2013, Protection From Harassment Act 1997, Injunctions, Damages
Defamation Harassment Media Law Libel Defamation Act 2013 Protection From Harassment Act 1997 Injunctions Damages

Case Brief

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Parties

Terri Ann Davies

Claimant

Gavin Paul Carter

Defendant

Procedural Posture

Civil Libel and Harassment / Trial Judgment

Legal Issues

  1. 1 Whether the defendant's publications about the claimant were defamatory and caused serious harm to reputation
  2. 2 Whether the defendant's conduct amounted to harassment under the Protection from Harassment Act 1997
  3. 3 Whether the defendant's defence of truth to libel and reasonableness to harassment succeeded

Ratio Decidendi

The defendant failed to prove the claimant's involvement in Red Communications or the disputed project; his publications were false, defamatory, and caused serious harm to the claimant's reputation. The defendant's conduct amounted to a persistent, targeted, and oppressive campaign of harassment, not justified or reasonable in the circumstances. The claimant is entitled to damages for libel and harassment and to injunctive relief.

Court Disposition

Claims for libel and harassment succeed. Judgment for the claimant.

Orders

  • Damages of £10,000 for libel awarded to the claimant.
  • Damages of £25,000 for harassment awarded to the claimant.