Triad Group PLC & Ors v Makar [2020] EWHC 306 (QB) (14 February 2020)

Triad Group PLC & Ors v Makar [2020] EWHC 306 (QB) (14 February 2020)

The Defendant's sustained campaign of harassment and publication of serious defamatory allegations over more than two years, including after judgment and in defiance of court orders, caused significant distress and reputational harm to the Second and Third Claimants. The court awarded substantial damages to both Claimants, applying established principles for libel and harassment damages, and ordered payment out of court funds to satisfy the outstanding costs and interest, as the procedural requirements of CPR 72.10 were met.

Citation
[2020] EWHC 306
Parties
Claimant: Triad Group PLC; Claimant: Nicholas Edmund Burrows; Claimant: Alistair McIntyre Fulton; Defendant: Mira Makar
Jurisdiction
England and Wales
Judgment Date
14 February 2020
Procedural Posture
Civil Libel and Harassment / Post Judgment Applications: Assessment of Damages and Payment Out of Court Funds
Outcome
Damages awarded to Second and Third Claimants; order for payment out of court funds to Claimants' solicitors; costs awarded to Claimants.
Legal Topics
Libel, Harassment, Damages Assessment, Injunctions, Enforcement of Judgments, Costs, Bankruptcy, Court Funds
Defamation Harassment Civil Procedure Libel Damages Assessment Injunctions Enforcement of Judgments Costs +2 more

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Parties

Triad Group PLC

Claimant

Nicholas Edmund Burrows

Claimant

Alistair McIntyre Fulton

Claimant

Mira Makar

Defendant

Procedural Posture

Civil Libel and Harassment / Post Judgment Applications: Assessment of Damages and Payment Out of Court Funds

Legal Issues

  1. 1 Assessment of damages for libel and harassment after default judgment
  2. 2 Entitlement to payment out of court funds under CPR 72.10 to satisfy costs order

Ratio Decidendi

The Defendant's sustained campaign of harassment and publication of serious defamatory allegations over more than two years, including after judgment and in defiance of court orders, caused significant distress and reputational harm to the Second and Third Claimants. The court awarded substantial damages to both Claimants, applying established principles for libel and harassment damages, and ordered payment out of court funds to satisfy the outstanding costs and interest, as the procedural requirements of CPR 72.10 were met.

Court Disposition

Damages awarded to Second and Third Claimants; order for payment out of court funds to Claimants' solicitors; costs awarded to Claimants.

Orders

  • Second Claimant awarded £65,000 in damages for libel and harassment.
  • Third Claimant awarded £60,000 in damages for libel and harassment.