Pirtek (UK) Ltd v Jackson (Rev1) [2017] EWHC 2834 (QB) (09 November 2017)
The claimant is entitled to default judgment for libel and malicious falsehood because the defendant failed to acknowledge service or file a defence, the statements were published by the defendant, were false, defamatory, and malicious, and caused or were likely to cause serious financial loss. The requirements for summary disposal are met, and the maximum statutory damages, a permanent injunction, and costs are appropriate.
- Citation
- [2017] EWHC 2834 (QB)
- Parties
- Claimant: Pirtek (UK) Limited; Defendant: Robert Jackson
- Jurisdiction
- England and Wales
- Judgment Date
- 09 November 2017
- Procedural Posture
- Defamation and Malicious Falsehood / Application for Default Judgment and Summary Disposal
- Outcome
- Default judgment for claimant; summary disposal granted; damages, injunction, and costs awarded.
- Legal Topics
- Libel, Malicious Falsehood, Default Judgment, Summary Disposal, Injunctions, Damages, Jurisdiction, Costs
Case Brief
Summary, issues, holding and outcome
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Parties
Pirtek (UK) Limited
Claimant
Robert Jackson
Defendant
Procedural Posture
Defamation and Malicious Falsehood / Application for Default Judgment and Summary Disposal
Legal Issues
- 1 Whether the claimant is entitled to default judgment for libel and malicious falsehood
- 2 Whether the court has jurisdiction under s 10 of the Defamation Act 2013
- 3 Whether the requirements for summary disposal under ss 8 and 9 of the Defamation Act 1996 are met
Ratio Decidendi
The claimant is entitled to default judgment for libel and malicious falsehood because the defendant failed to acknowledge service or file a defence, the statements were published by the defendant, were false, defamatory, and malicious, and caused or were likely to cause serious financial loss. The requirements for summary disposal are met, and the maximum statutory damages, a permanent injunction, and costs are appropriate.
Court Disposition
Default judgment for claimant; summary disposal granted; damages, injunction, and costs awarded.
Orders
- Permanent injunction restraining defendant from publishing or causing to be published the statements or similar allegations
- Damages of £10,000 awarded to claimant
Full Case Text
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