We represented Lynn Cannell and LCA Jobs Limited (‘LCA’) in their successful defence of claims of libel, slander and malicious falsehood in the High Court of Justice.
Following a four-day trial in October 2021, in which we instructed Mr John Stables of 5RB Chambers, Saini J dismissed the claims brought by LCA’s former-employee, Ms Fiona George. Helen Otty was the lead solicitor, with support from Nathan Samuel, Gaby McGrath and Chris Glascott.
The claims concerned four publications alleged to have been made by Ms Cannell in January 2019. The publications complained of were primarily said to contain the allegation that Ms George had acted in breach of her contractual, post-termination restrictions by soliciting clients from Ms Cannell and LCA.
Both the libel and slander claims brought by Ms George failed to succeed on the basis that she was unable to satisfy the mandatory element of serious harm, as required under section 1(1) of the Defamation Act 2013. Saini J also dismissed the claim in malicious falsehood as Ms George was unable to establish the crucial element of pecuniary damage. It was determined that, without proving that pecuniary damage was likely to arise as a result of the publication complained of, a claim for malicious falsehood under section 3(1) Defamation Act 1952 cannot be successful.
On review of the evidence offered by Ms George, Saini J was not at all satisfied that there was any financial impact from the publications in this case. In the event that any losses were evidenced, the Judge formed the view that they were not proven to flow in a legally recoverable sense from the publications made. Nor did Saini J agree with Ms George’s view that special damage had been caused by the publications and so no such relief was granted.
As such, all claims against Ms Cannell and LCA Jobs were dismissed.
