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Allegations of mis-selling and duping found to be comment

We act for Mark Weston and his company All Clean Ltd in relation to a libel claim brought against them by Building Register Ltd, an online directory. Following a dispute between the parties our clients set up a website to log complaints about Building Register’s alleged sales practices.

On 20 March Dingemans J determined the meaning of the words on the website and whether any defamatory allegations were fact or comment. The Judge accepted our clients’ submission that the allegations of mis-selling and duping were comment, as they were recognisable as inferences drawn by Mr Weston from his account.

Such preliminary determinations of meaning and fact / comment will become increasingly common now that there is no right to jury trial.

Read the judgment here.