Reachlocal UK Ltd & Anor v Bennett & Ors [2014] EWHC 3405 (QB) (21 October 2014)

Reachlocal UK Ltd & Anor v Bennett & Ors [2014] EWHC 3405 (QB) (21 October 2014)

The defendants orchestrated a sustained campaign of defamatory communications targeting the claimants' customers, causing serious harm and substantial financial loss to the first claimant. The first claimant is entitled to special damages for lost future profits, reasonable mitigation costs, and general damages for injury to reputation and vindication. The second claimant, not trading in the jurisdiction, is entitled only to nominal damages. Final injunctive relief is warranted to restrain further publication and solicitation.

Citation
[2014] EWHC 3405
Parties
Claimant: ReachLocal UK Limited; Claimant: ReachLocal Europe B.V.; Defendant: Jamie Bennett; Defendant: Craig Anderson; Defendant: Hardeep Singh Khabra; Defendant: Tracey Vennard; Defendant: Your Online Digital Agency Limited
Jurisdiction
England and Wales
Judgment Date
21 October 2014
Procedural Posture
Civil Defamation and Related Claims / Assessment of Damages and Final Relief Following Default Judgment
Outcome
Judgment for the claimants. Damages assessed. Final injunctions granted.
Legal Topics
Libel, Slander, Breach of Contract, Breach of Confidence, Malicious Falsehood, Damages, Injunctions

Case Brief

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Parties

ReachLocal UK Limited

Claimant

ReachLocal Europe B.V.

Claimant

Jamie Bennett

Defendant

Craig Anderson

Defendant

Hardeep Singh Khabra

Defendant

Tracey Vennard

Defendant

Your Online Digital Agency Limited

Defendant

Procedural Posture

Civil Defamation and Related Claims / Assessment of Damages and Final Relief Following Default Judgment

  1. 1 Whether the defendants' publications were defamatory of the claimants
  2. 2 Whether the claimants suffered serious harm and financial loss as a result of the publications
  3. 3 Assessment of special and general damages for defamation

Ratio Decidendi

The defendants orchestrated a sustained campaign of defamatory communications targeting the claimants' customers, causing serious harm and substantial financial loss to the first claimant. The first claimant is entitled to special damages for lost future profits, reasonable mitigation costs, and general damages for injury to reputation and vindication. The second claimant, not trading in the jurisdiction, is entitled only to nominal damages. Final injunctive relief is warranted to restrain further publication and solicitation.

Court Disposition

Judgment for the claimants. Damages assessed. Final injunctions granted.

Orders

  • First claimant awarded special damages of £241,945.42 for lost future profits (after 20% discount for non-defamatory causation)
  • First claimant awarded £60,728 for customer credits and £66,600 for PR consultant as reasonable mitigation costs