BW Legal Services Limited v Trustpilot A/S

BW Legal Services Limited v Trustpilot A/S

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 claimant's case was speculative and unsupported by contemporaneous documentation or specific evidence. Summary judgment was therefore granted to the defendant.

Parties
Claimant: BW Legal Services Limited; Defendant: Trustpilot A/S
Jurisdiction
England and Wales
Judgment Date
06 December 2024
Procedural Posture
Libel/defamation / Summary Judgment Application
Outcome
summary judgment granted for defendant; claim dismissed
Legal Topics
Serious Harm, Serious Financial Loss, Summary Judgment, Causation, Loss of Chance, Website Operator Liability
Defamation Media Law Tort Serious Harm Serious Financial Loss Summary Judgment Causation Loss of Chance +1 more

Case Brief

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Parties

BW Legal Services Limited

Claimant

Trustpilot A/S

Defendant

Procedural Posture

Libel/defamation / Summary Judgment Application

Legal Issues

  1. 1 Whether the publication of the Twenty Reviews caused or was likely to cause serious harm to the claimant's reputation within the meaning of s.1 Defamation Act 2013
  2. 2 Whether the claimant, as a body trading for profit, suffered or was likely to suffer serious financial loss as a result of the reviews
  3. 3 Whether the claimant's case on actual financial loss or inferential loss meets the threshold for trial

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 claimant's case was speculative and unsupported by contemporaneous documentation or specific evidence. Summary judgment was therefore granted to the defendant.

Court Disposition

summary judgment granted for defendant; claim dismissed

Orders

  • Summary judgment granted in favour of the defendant
  • Claim dismissed in its entirety