Keith-Smith v Williams [2006] EWHC 860 (QB) (21 March 2006)
The defendant published seriously defamatory statements about the claimant on the internet, failed to defend or justify her actions, and aggravated the harm by persisting in abusive conduct; damages of £10,000 (half compensatory, half aggravated) are awarded, and a prohibitory injunction is granted to restrain further publication of similar libels.
- Citation
- [2006] EWHC 860
- Parties
- Claimant: Michael Keith-Smith; Defendant: Tracey Williams
- Jurisdiction
- England and Wales
- Judgment Date
- 21 March 2006
- Procedural Posture
- Defamation / Assessment of Damages and Injunctive Relief Following Default Judgment
- Outcome
- Claim allowed; damages and injunction granted.
- Legal Topics
- Defamation, Aggravated Damages, Injunctive Relief, Internet Publication
Case Brief
Summary, issues, holding and outcome
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Parties
Michael Keith-Smith
Claimant
Tracey Williams
Defendant
Procedural Posture
Defamation / Assessment of Damages and Injunctive Relief Following Default Judgment
Legal Issues
- 1 Quantum of damages for defamation via internet publication
- 2 Appropriateness and scope of injunctive relief
- 3 Assessment of aggravated damages
Ratio Decidendi
The defendant published seriously defamatory statements about the claimant on the internet, failed to defend or justify her actions, and aggravated the harm by persisting in abusive conduct; damages of £10,000 (half compensatory, half aggravated) are awarded, and a prohibitory injunction is granted to restrain further publication of similar libels.
Court Disposition
Claim allowed; damages and injunction granted.
Orders
- Defendant to pay £10,000 in damages (£5,000 compensatory, £5,000 aggravated) to the claimant.
- Prohibitory injunction granted restraining the defendant from publishing or republishing the specified libels or similar libels in the future.
Full Case Text
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