Rackham v Sandy & Ors (1)

Rackham v Sandy & Ors (1)

Mr Sandy was actuated by the dominant improper motive of procuring the removal of Mr Rackham and Mr Cox from the Board of WRG and thereby avoiding his own dismissal. He knew the majority of the allegations in the letter were unfounded or exaggerated and misrepresented the facts. The defence of qualified privilege is defeated by malice in his case. Mr Etheridge and Mr Hardman were not actuated by malice and did not know the allegations to be false or exaggerated to a material extent.

Parties
Claimant: Mr Paul Rackham; Defendant: Mr Nigel Sandy; Defendant: Mr Hugh Etheridge; Defendant: Mr Steven Hardman
Jurisdiction
England and Wales
Judgment Date
23 March 2005
Procedural Posture
Civil Defamation (libel) / Judgment After Trial
Outcome
Judgment for the Claimant against the First Defendant (Mr Sandy); Defendants Etheridge and Hardman not liable.
Legal Topics
Qualified Privilege, Malice, Directors' Duties, Corporate Governance, Damages
Defamation Company Law Qualified Privilege Malice Directors' Duties Corporate Governance Damages

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Parties

Mr Paul Rackham

Claimant

Mr Nigel Sandy

Defendant

Mr Hugh Etheridge

Defendant

Mr Steven Hardman

Defendant

Procedural Posture

Civil Defamation (libel) / Judgment After Trial

Legal Issues

  1. 1 Whether the Defendants were actuated by malice in publishing a defamatory letter about the Claimant
  2. 2 Whether the defence of qualified privilege is defeated by malice
  3. 3 Whether the allegations in the letter were known to be false or recklessly published

Ratio Decidendi

Mr Sandy was actuated by the dominant improper motive of procuring the removal of Mr Rackham and Mr Cox from the Board of WRG and thereby avoiding his own dismissal. He knew the majority of the allegations in the letter were unfounded or exaggerated and misrepresented the facts. The defence of qualified privilege is defeated by malice in his case. Mr Etheridge and Mr Hardman were not actuated by malice and did not know the allegations to be false or exaggerated to a material extent.

Court Disposition

Judgment for the Claimant against the First Defendant (Mr Sandy); Defendants Etheridge and Hardman not liable.

Orders

  • Damages awarded to the Claimant in the sum of £2,000.