UNITE THE UNION v MR RICARDO FREITAS
The defendant's posts were gravely defamatory, widely published, and caused reputational harm to Unite. The posts were removed but the defendant failed to make amends or engage with proceedings. General damages of £50,000 are appropriate for vindication, and a permanent injunction is necessary to prevent repetition.
- Parties
- Claimant: Unite the Union; Defendant: Mr Ricardo Freitas
- Jurisdiction
- England and Wales
- Judgment Date
- 23 March 2022
- Procedural Posture
- Libel and Harassment / Remedies Hearing After Summary Judgment
- Outcome
- judgment for claimant
- Legal Topics
- Libel, Damages, Injunction, Summary Judgment, Freedom of Expression
Case Brief
Summary, issues, holding and outcome
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Parties
Unite the Union
Claimant
Mr Ricardo Freitas
Defendant
Procedural Posture
Libel and Harassment / Remedies Hearing After Summary Judgment
Legal Issues
- 1 Whether the defendant's Facebook posts were defamatory and constituted harassment
- 2 Appropriate quantum of general damages for defamation to a trade union
- 3 Whether a permanent injunction should be granted against the defendant
Ratio Decidendi
The defendant's posts were gravely defamatory, widely published, and caused reputational harm to Unite. The posts were removed but the defendant failed to make amends or engage with proceedings. General damages of £50,000 are appropriate for vindication, and a permanent injunction is necessary to prevent repetition.
Court Disposition
judgment for claimant
Orders
- General damages of £50,000 awarded to Unite the Union
- Permanent injunction granted restraining Mr Freitas from publishing the defamatory words or similar statements
Full Case Text
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