Burki v Seventy Thirty Ltd & Ors

Burki v Seventy Thirty Ltd & Ors

Seventy Thirty Ltd, through its managing director, made false and misleading representations about the size and quality of its active male membership, inducing Tereza Burki to contract and pay £12,600. The company is liable for deceit and misrepresentation. Burki's Google review was defamatory but not substantially true; the Yelp review was substantially true and honest opinion. Damages for deceit and distress are awarded to Burki; Seventy Thirty Ltd is awarded damages for libel in respect of the Google review only. Claims for malicious falsehood and other libel are dismissed.

Parties
Claimant: Tereza Burki; Defendant: Seventy Thirty Limited
Jurisdiction
England and Wales
Judgment Date
15 August 2018
Procedural Posture
Civil / Judgment
Outcome
Judgment for Tereza Burki on her claim for deceit and misrepresentation; judgment for Seventy Thirty Ltd for libel in respect of the Google review; other claims dismissed.
Legal Topics
Misrepresentation, Deceit, Damages, Libel, Malicious Falsehood
Contract Law Tort Law Defamation Misrepresentation Deceit Damages Libel Malicious Falsehood

Case Brief

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Parties

Tereza Burki

Claimant

Seventy Thirty Limited

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether Seventy Thirty Ltd made false representations to induce Tereza Burki to contract for matchmaking services
  2. 2 Whether Seventy Thirty Ltd is liable for deceit and misrepresentation
  3. 3 Whether Tereza Burki's online reviews constituted libel and malicious falsehood against Seventy Thirty Ltd

Ratio Decidendi

Seventy Thirty Ltd, through its managing director, made false and misleading representations about the size and quality of its active male membership, inducing Tereza Burki to contract and pay £12,600. The company is liable for deceit and misrepresentation. Burki's Google review was defamatory but not substantially true; the Yelp review was substantially true and honest opinion. Damages for deceit and distress are awarded to Burki; Seventy Thirty Ltd is awarded damages for libel in respect of the Google review only. Claims for malicious falsehood and other libel are dismissed.

Court Disposition

Judgment for Tereza Burki on her claim for deceit and misrepresentation; judgment for Seventy Thirty Ltd for libel in respect of the Google review; other claims dismissed.

Orders

  • Seventy Thirty Ltd to pay Tereza Burki £12,600 for deceit and £500 for distress.
  • Tereza Burki to pay Seventy Thirty Ltd £5,000 for libel (Google review).