BW Legal Services Ltd v Trustpilot A/S [2024] EWHC 1449 (KB) (12 June 2024)

BW Legal Services Ltd v Trustpilot A/S [2024] EWHC 1449 (KB) (12 June 2024)

The claimant failed to demonstrate a real prospect of proving that any of the Twenty Reviews caused or were likely to cause serious financial loss as required by s.1(2) Defamation Act 2013. The evidence did not support causation between the reviews and any actual or likely financial loss, and the claim was speculative and unsupported by facts. Summary judgment was therefore granted to the defendant.

Citation
[2024] EWHC 1449 (KB)
Parties
Claimant: BW Legal Services Limited; Defendant: Trustpilot A/S
Jurisdiction
England and Wales
Judgment Date
12 June 2024
Procedural Posture
Defamation (libel) / Summary Judgment Application by Defendant
Outcome
Summary judgment granted to defendant; claim dismissed.
Legal Topics
Serious Harm Threshold, Section 1 Defamation Act 2013, Summary Judgment, Causation in Libel, Financial Loss for Corporate Claimants
Defamation Media Law Civil Procedure Serious Harm Threshold Section 1 Defamation Act 2013 Summary Judgment Causation in Libel Financial Loss for Corporate Claimants

Case Brief

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Parties

BW Legal Services Limited

Claimant

Trustpilot A/S

Defendant

Procedural Posture

Defamation (libel) / Summary Judgment Application by Defendant

Legal Issues

  1. 1 Whether the claimant has a real prospect of establishing that the publication of the Twenty Reviews caused or is likely to cause serious harm and serious financial loss as required by s.1(2) Defamation Act 2013
  2. 2 Whether the claim should be summarily dismissed under CPR 24.2

Ratio Decidendi

The claimant failed to demonstrate a real prospect of proving that any of the Twenty Reviews caused or were likely to cause serious financial loss as required by s.1(2) Defamation Act 2013. The evidence did not support causation between the reviews and any actual or likely financial loss, and the claim was speculative and unsupported by facts. Summary judgment was therefore granted to the defendant.

Court Disposition

Summary judgment granted to defendant; claim dismissed.

Orders

  • Claim dismissed in its entirety.
  • No need to consider strike-out application.