Summerfield Browne Ltd v Waymouth (Rev1)

Summerfield Browne Ltd v Waymouth (Rev1)

The defendant's review accused the claimant of being a 'scam solicitor', which is an allegation of dishonesty and fact, not opinion. The defences of honest opinion, public interest, and truth had no real prospect of success. The publication caused serious harm and financial loss to the claimant's business. The claimant was entitled to damages, injunctive relief, and an order for removal of the defamatory review.

Parties
Claimant: Summerfield Browne Limited; Defendant: Philip James Waymouth
Jurisdiction
England and Wales
Judgment Date
18 January 2021
Procedural Posture
Defamation / Remedies Hearing After Summary Judgment and Strike Out of Defence
Outcome
Judgment for the claimant. Defences struck out. Damages awarded. Injunction and removal order granted.
Legal Topics
Libel, Online Reviews, Summary Judgment, Strike Out of Defence, Damages, Injunctions, Website Operator Liability
Tort Defamation Libel Online Reviews Summary Judgment Strike Out of Defence Damages Injunctions +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 15 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Summerfield Browne Limited

Claimant

Philip James Waymouth

Defendant

Procedural Posture

Defamation / Remedies Hearing After Summary Judgment and Strike Out of Defence

Legal Issues

  1. 1 Whether the defendant's statements constituted defamation
  2. 2 Whether the defences of honest opinion, public interest, and truth were available
  3. 3 Whether the claimant suffered serious harm or financial loss

Ratio Decidendi

The defendant's review accused the claimant of being a 'scam solicitor', which is an allegation of dishonesty and fact, not opinion. The defences of honest opinion, public interest, and truth had no real prospect of success. The publication caused serious harm and financial loss to the claimant's business. The claimant was entitled to damages, injunctive relief, and an order for removal of the defamatory review.

Court Disposition

Judgment for the claimant. Defences struck out. Damages awarded. Injunction and removal order granted.

Orders

  • General damages of £25,000 awarded to the claimant
  • Permanent injunction requiring the defendant to remove or cause removal of the defamatory review and restraining further publication