Flymenow Ltd v Quick Air Jet Charter GmbH

Flymenow Ltd v Quick Air Jet Charter GmbH

The Notice bore the meaning that it would be financially unsafe to do business with the claimant because it was a defaulter and, as alleged, insolvent. The defendant proved the claimant was a long-term defaulter and financially risky, but not that it was insolvent. The defence of justification failed as to insolvency, but succeeded as to the rest. Qualified privilege did not apply, and malice was not proved. The claimant's conduct mitigated damages to a nominal sum.

Parties
Claimant: FlyMeNow Limited; Defendant: Quick Air Jet Charter GmbH
Jurisdiction
England and Wales
Judgment Date
15 December 2016
Procedural Posture
Civil Defamation (libel) / Judgment After Trial
Outcome
Judgment for the claimant on liability; nominal damages awarded
Legal Topics
Libel, Justification Defence, Qualified Privilege, Malice, Damages, Abuse of Process
Defamation Contract Law Libel Justification Defence Qualified Privilege Malice Damages Abuse of Process

Case Brief

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Parties

FlyMeNow Limited

Claimant

Quick Air Jet Charter GmbH

Defendant

Procedural Posture

Civil Defamation (libel) / Judgment After Trial

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 bore the meaning that it would be financially unsafe to do business with the claimant because it was a defaulter and, as alleged, insolvent. The defendant proved the claimant was a long-term defaulter and financially risky, but not that it was insolvent. The defence of justification failed as to insolvency, but succeeded as to the rest. Qualified privilege did not apply, and malice was not proved. The claimant's conduct mitigated damages to a nominal sum.

Court Disposition

Judgment for the claimant on liability; nominal damages awarded

Orders

  • Damages of £10 awarded to the claimant
  • No injunction granted