High Court Success
10th Feb 2017
The Rogers & Norton Litigation Team have enjoyed more success, this time in a High Court Claim with terms being agreed before trial to settle a claim for Malicious Falsehood and Defamation. The Parties are subject to confidentiality provisions and therefore the terms and Parties remain confidential.
Peter Hastings comments “The Parties are business competitors. Our client obtained a decision through the Intellectual Property Office for its Trademark to be reinstated after it had lapsed and its competitor sought to use it. In addition, we issued a High Court Claim seeing an injunction; damages and costs for defamatory comments made in trade magazines and in emails, and also brought a claim for malicious falsehood.
We were confident that our client would satisfy s1 of the Defamation Act 2013, and prove that serious harm and financial loss had arisen and would continue to arising from the libellous publications. Our client’s claim for malicious falsehood was likely to succeed as we considered our client would prove that the defendants knew that the statements made were untrue or that they made the statements because they wanted to damage the client”.
The matter was settled with an agreed payment for damages and costs, an agreement for the Defendants not to make any more defamatory comments and not to repeat the comments made. We also obtained an agreement that the Defendants would not commit any further acts of malicious falsehood in the future.
Peter adds “Malicious Falsehood claims are rare but we were always confident of successfully proving this. We also stopped website traffic being diverted away from our client’s website to the competitor. Our client was delighted with the outcome and can now focus on its business.
It is vital in situations such as this one, to act swiftly and decisively to support the client, as any delays in reacting can cost money and reputational damage to the company involved. At Rogers & Norton we stress the need to be accessible to our clients to support them at all times through the process.”