Building Register Ltd v Weston & Anor
2014
QUEEN’S BENCH DIVISION
UK
CORAM
- MR JUSTICE DINGEMANS
Areas of Law
- Tort Law
- Media Law
- Civil Procedure
2014
QUEEN’S BENCH DIVISION
UK
CORAM
AI Generated Summary
Building Register Limited filed a libel suit against Mark Weston and All Clean Limited due to defamatory statements published on a website the defendants set up. Preliminary issues addressed the meaning and nature (fact or opinion) of the statements. The court ruled that the statements had defamatory meanings, with some classified as comments and others as facts.
Judgment
Mr Justice Dingemans :
Introduction
This is the hearing of preliminary issues of: “a) the meaning borne by the words complained of, and; b) whether the allegations complained of are allegations of fact or expressions of opinion”; pursuant to the order of Master Eastman dated 19 July 2013.
This libel action is brought by the Claimant, Building Register Limited. The Claimant provides an online directory and managed data registration service under the name “the Building Register” for suppliers and contractors in the construction and cleaning industry who wish to have their details made available to potential customers.
The action is brought against the First Defendant, Mark Weston, and the Second Defendant, All Clean Limited. The First Defendant is the managing director of the Second Defendant. The Second Defendant is a commercial cleaning company based in Worcester, and is a former customer of the Claimant. The Defendants became dissatisfied with the way in which the contract with the Claimant had been concluded and renewed, and the services that the Defendants received.
The Defendants set up a website “BuildingRegistercomplaints.co.uk”. It gave readers the opportunity to voice complaints regarding the service of the Claimant. The website was operational between 23 rd October and 6 th November 2012. Links to the website were emailed by the Defendants to about 70 customers of the Claimant.
The relevant publication
The relevant parts of the publication on the website, with the bold from the original publication, are set out below:
“My name is Mark Weston and I’m Managing Director of All Clean Ltd, a cleaning company specialising in after build cleans for the construction industry. Just over a year ago I was subjected to heavy sales pressure over the phone by this organisation, Building Register. They are a computer software company that claim to present your critical company information such as health and safety documentation in front of your potential customer in an easy to read format.
During the sales process they introduced me to their website and in order to gain more information I inadvertently clicked a tab which they then claimed was an electronic signature. As a result I had to part with £1600.00. Although I complained at the time about this they refused to budge on the fact that I had apparently placed an order. I was annoyed that I had been duped like this but I consoled myself with the thought that if half of the benefits they so