In a case which has been widely reported in the legal media, including the Law Society Gazette (https://www.lawgazette.co.uk/news/unhappy-client-to-pay-solicitor-damages-for-defamatory-review/5127968.article) and the Solicitors Journal (https://www.solicitorsjournal.com/sjarticle/conroy-v-stojek-solicitor-awarded-9500-over-fraudster-google-review) Michael was instructed on behalf of the successful Claimant in an unusual claim for defamation.
The Claimant was a Midlands-based Solicitor who had previously acted for the Defendant. Following the termination of the retainer, the Defendant left a Google review of the firm (and by implication the Claimant himself) which referred to the Claimant as a “fraudster” who “makes massive mistakes”. The Defendant refused to delete the review and the Claimant sued for defamation on the basis that its contents were untrue. The Defendant failed to file a Defence to the claim in time and so a default judgment for an amount to be decided by the Court was entered. The Defendant unsuccessfully attempted to set that judgment aside relying, amongst other things, on an intended Defence of truth.
Michael was instructed to represent the Claimant at the assessment of damages hearing before Deputy Master Marzec by which time the Defendant had deleted the review. After cross-examination of the Claimant and Defendant the Judge awarded damages of £9,500.00 in a reserved judgment. The judgment also made clear that the allegations made by the Defendant were untrue and so the Claimant was wholly vindicated.
This case shows the potentially significant consequences that can result from posting an online review even where the subject of that review is not expressly identified. It also demonstrates the need to ensure that any review is fair, accurate and true regardless of the medium in which it is presented.
Michael is the Head of the Civil Team at Cornwall Street Barristers and an experienced advocate covering a full range of civil law issues for both businesses and individuals. If you would like to instruct Michael then please contact his Clerks in Chambers.