Keith-Smith v Williams [2006] EWHC 860 (QB) (21 March 2006)
The defendant published seriously defamatory statements about the claimant on the internet, persisted in her conduct with malice, refused to apologise, and defaulted in the proceedings. The court awarded £10,000 in damages (split equally between compensatory and aggravated damages) and granted a prohibitory injunction restraining further publication of the libels.
- Citation
- [2006] EWHC 860 (QB)
- 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 for damages and injunctive relief 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 internet defamation
- 2 Appropriateness of aggravated damages
- 3 Entitlement to injunctive relief
Ratio Decidendi
The defendant published seriously defamatory statements about the claimant on the internet, persisted in her conduct with malice, refused to apologise, and defaulted in the proceedings. The court awarded £10,000 in damages (split equally between compensatory and aggravated damages) and granted a prohibitory injunction restraining further publication of the libels.
Court Disposition
Claim for damages and injunctive relief granted
Orders
- Defendant to pay £10,000 in damages (£5,000 compensatory, £5,000 aggravated)
- Prohibitory injunction restraining defendant from publishing or republishing the specified libels or similar libels in the future
Full Case Text
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