Arran Coghlan & Anor v Lexlaw Limited

Arran Coghlan & Anor v Lexlaw Limited

The letter asserted an equitable lien and did not contain statements that would lower the claimants in the estimation of right-thinking people generally; it was not defamatory at common law.

Source-derived case information.

Parties
Claimant: Arran Coghlan; Claimant: Claire Burgoyne; Defendant: Lexlaw Limited
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Civil / Trial of Preliminary Issue
Outcome
Defamation claim dismissed; proceedings continue on other causes of action.
Legal Topics
Natural and Ordinary Meaning, Defamatory Statements, Equitable Lien, Solicitor Client Relationship
Defamation Professional Negligence Fiduciary Duty Data Protection Natural and Ordinary Meaning Defamatory Statements Equitable Lien Solicitor Client Relationship

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Parties

Arran Coghlan

Claimant

Claire Burgoyne

Claimant

Lexlaw Limited

Defendant

Procedural Posture

Civil / Trial of Preliminary Issue

Legal Issues

  1. 1 What is the natural and ordinary meaning of the letter sent by the defendant?
  2. 2 Are the statements in the letter statements of fact or opinion?
  3. 3 Are the statements defamatory of the claimants at common law?

Ratio Decidendi

The letter asserted an equitable lien and did not contain statements that would lower the claimants in the estimation of right-thinking people generally; it was not defamatory at common law.

Court Disposition

Defamation claim dismissed; proceedings continue on other causes of action.

Orders

  • Defamation claim dismissed.