Flymenow Ltd v Quick Air Jet Charter GmbH [2016] EWHC 3197 (QB) (15 December 2016)

Flymenow Ltd v Quick Air Jet Charter GmbH [2016] EWHC 3197 (QB) (15 December 2016)

The Notice conveyed the meaning that the claimant was insolvent, being unable to pay its debts as they fell due. The defendant failed to prove the substantial truth of this meaning. There was no agreement for time to pay; the claimant was in default of its contractual obligations, but the evidence did not establish insolvency. The publication was not protected by qualified privilege as the defendant's dominant motive was to pressure the claimant for payment, not to protect legitimate interests. The claim for damages succeeded, but only nominal damages were awarded due to the claimant's disreputable conduct and lack of real reputational harm.

Citation
[2016] EWHC 3197
Parties
Claimant: FlyMeNow Limited; Defendant: Quick Air Jet Charter GmbH
Jurisdiction
England and Wales
Judgment Date
15 December 2016
Procedural Posture
Libel (defamation) Claim / Trial Judgment
Outcome
Claim for libel succeeds; only nominal damages awarded.
Legal Topics
Libel, Justification Defence, Qualified Privilege, Contractual Payment Terms, Damages
Defamation Contract Law Libel Justification Defence Qualified Privilege Contractual Payment Terms Damages

Case Brief

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Parties

FlyMeNow Limited

Claimant

Quick Air Jet Charter GmbH

Defendant

Procedural Posture

Libel (defamation) Claim / Trial Judgment

Legal Issues

  1. 1 What was the natural and ordinary meaning of the Notice?
  2. 2 Was the Notice substantially true (justification)?
  3. 3 Did the publication take place on an occasion protected by qualified privilege?

Ratio Decidendi

The Notice conveyed the meaning that the claimant was insolvent, being unable to pay its debts as they fell due. The defendant failed to prove the substantial truth of this meaning. There was no agreement for time to pay; the claimant was in default of its contractual obligations, but the evidence did not establish insolvency. The publication was not protected by qualified privilege as the defendant's dominant motive was to pressure the claimant for payment, not to protect legitimate interests. The claim for damages succeeded, but only nominal damages were awarded due to the claimant's disreputable conduct and lack of real reputational harm.

Court Disposition

Claim for libel succeeds; only nominal damages awarded.

Orders

  • Defendant to pay claimant nominal damages of £10.
  • No order for aggravated damages.