30 March 2021
LexisNexis: Undertakings are no guarantee of permanent injunction (Ranger v Pycraft)
Article by Dominic Crossley, Partner and Head of Dispute Resolution and privacy and media law specialist lawyer, and Evelyn Collins, Trainee Solicitor, at Payne Hicks Beach in which they analyse the case of Ranger v Pycraft, first published by Lexis®PSL on 24 March 2021 online and reproduced with kind permission.
This claim concerned breach of undertakings which had been given in order to avoid defamation proceedings. Having accused Mr Ranger of serious allegations of financial crimes and misconduct, other dishonesty and being a ‘modern day grave robber’, Mr Pycraft agreed to give the four undertakings having been threatened with a claim in defamation. The court found that Mr Pycraft had probably breached the undertakings, but nonetheless, did not find ‘the risk of future breach [was] sufficiently high to indicate the granting of injunctive relief’ due to the nature of the breaches. The first was mistaken belief that his action was not in breach, and the second a likely oversight born from the complicated technical process of permanently deleting defamatory material online.
Click below to read Dominic and Evelyn’s complete analysis for Lexis®PSL
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