Cambridge v Makin [2011] EWHC 12 (QB) (12 January 2011)

Cambridge v Makin [2011] EWHC 12 (QB) (12 January 2011)

The Defendant failed to prove that the Claimant abused her position as a director of NRPSI by acting on a conflict of interest, overseeing the sale of NRPSI members' data to CINTRA, or personally benefiting from the arrangement. The evidence did not establish substantial truth of the defamatory allegation. The defence of qualified privilege also failed as the publication was not protected in the circumstances.

Citation
[2011] EWHC 12
Parties
Claimant: Jan Cambridge; Defendant: Guillermo Makin
Jurisdiction
England and Wales
Judgment Date
12 January 2011
Procedural Posture
Libel Action / Judgment After Trial
Outcome
Claim allowed
Legal Topics
Libel, Conflict of Interest, Qualified Privilege, Data Protection
Defamation Company Law Libel Conflict of Interest Qualified Privilege Data Protection

Case Brief

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Parties

Jan Cambridge

Claimant

Guillermo Makin

Defendant

Procedural Posture

Libel Action / Judgment After Trial

Legal Issues

  1. 1 Whether the Claimant abused her position as a director of NRPSI by acting on a conflict of interest
  2. 2 Whether the words complained of are substantially true
  3. 3 Whether the publication was protected by qualified privilege

Ratio Decidendi

The Defendant failed to prove that the Claimant abused her position as a director of NRPSI by acting on a conflict of interest, overseeing the sale of NRPSI members' data to CINTRA, or personally benefiting from the arrangement. The evidence did not establish substantial truth of the defamatory allegation. The defence of qualified privilege also failed as the publication was not protected in the circumstances.

Court Disposition

Claim allowed

Orders

  • Defendant liable for libel
  • Damages to be assessed