Keith-Smith v Williams

Keith-Smith v Williams

The defendant published seriously defamatory statements about the claimant on internet discussion groups, failed to justify or apologise, and persisted in abusive conduct. Damages are awarded for injury to reputation and feelings, with aggravated damages due to malice and contemptuous behaviour. Injunctive relief is granted to restrain further publication of similar libels.

Parties
Claimant: Michael Keith-Smith; Defendant: Tracey Williams
Jurisdiction
England and Wales
Judgment Date
21 March 2006
Procedural Posture
Defamation / Quantum and Injunctive Relief After Default Judgment
Outcome
judgment for claimant
Legal Topics
Damages, Injunction, Aggravated Damages, Internet Publication
Tort Defamation Damages Injunction Aggravated Damages Internet Publication

Case Brief

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Parties

Michael Keith-Smith

Claimant

Tracey Williams

Defendant

Procedural Posture

Defamation / Quantum and Injunctive Relief After Default Judgment

Legal Issues

  1. 1 quantification of damages for defamation
  2. 2 appropriateness of aggravated damages
  3. 3 grant of prohibitory injunction

Ratio Decidendi

The defendant published seriously defamatory statements about the claimant on internet discussion groups, failed to justify or apologise, and persisted in abusive conduct. Damages are awarded for injury to reputation and feelings, with aggravated damages due to malice and contemptuous behaviour. Injunctive relief is granted to restrain further publication of similar libels.

Court Disposition

judgment for claimant

Orders

  • Defendant to pay £10,000 in damages (£5,000 compensatory, £5,000 aggravated).
  • Prohibitory injunction granted restraining defendant from publishing or republishing the libels or similar libels in the future.