Seddons settles defamation claim with damages and Statement in Open Court

Click here to read a copy of the statement in open court given on 13 October 2020 in the High Court of Justice before the Honourable Mr Justice Warby. This followed the successful conclusion by Marvin Simons and other members of the Litigation team at Seddons of claims for defamation, breach of privacy, misuse of personal information and harassment.

The background to the case was that Hayley Warnes was employed by Amax Estates and Property Services Ltd between 2008 and 2014. During her employment, she was responsible for managing a large residential estate Mariners Walk, together with the Mariners Walk Management Company. Upon leaving her employment with Amax, she took up employment with RR Surveyors Ltd. Raymond Robson, the Co-Claimant in the proceedings is a Chartered Surveyor and the Managing Director of RR Surveyors Ltd. In 2015 Mr Robson wrote to Amax on behalf of the Mariners Walk Management Company informing Amax that its role as the Mariners Walk managing agent was terminated. This led to acrimony and between 2018 and 2019, David Forge (the Defendant in the proceedings), a close ally of the sole director of Amax, sent a number of emails to individuals who had an involvement with Mariners Walk and also to their professional regulator, the Royal Institute of Chartered Surveyors (RICS). Those emails made serious defamatory allegations against the Claimants alleging amongst other things against Ms Warnes fraud, dishonesty, theft of data and alleging that Mr Robson was mentally ill, had pursued a vendetta against Amax and its owner, and had received data stolen by Ms Warnes.

Following the issue of proceedings and after a preliminary judgment of Mrs Justice Elizabeth Laing, Mr Forge made an offer of amends to Mr Robson and Ms Warnes by which he accepted that the allegations he made against them are false. He also agreed to apologise to them and to pay them substantial damages and their legal costs, as well as providing an undertaking not to send any further communications to Ms Warnes.

In the Statement in Open Court Mr Forge apologised for his actions and said that he regretted them.

William Bennett QC of 5RB Chambers was instructed by Seddons to represent Mr Robson and Ms Warnes in Court.

Should you have any queries on the above or require any dispute resolution related advice, please contact Marvin Simons at [email protected] or on 020 7725 8057.

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