A historic case has changed the way in which victims of defamation can potentially sue perpetrators.
The King’s bench Division awarded damages of £42,500 in a defamation claim brought by the Claimant who had been employed as a consultant by an estate and lettings agent. The Claimant contended that 21 posts which bad been made on various websites were defamatory and that the Defendant had published them following a dispute.
The Court held that 1. It was unnecessary for the Claimant to prove that the Defendant had written the words of the posts himself or that he had submitted them to the relevant sites, it was sufficient if he had produced or participated in their publication. 2. Liability had been established in relation to posts 1-20, but not in respect of post 21. Post 1-20 were defamatory of the Claimant at common law and the statutory serious harm test was satisfied. The court also granted injunctive relief.
What this means for future claimants is that there is no longer the emphasis to prove that the person you are suing published defamatory comments themselves, simply that they participated in their publication.
Read the full case file at: