Primark libel claim struck out

Liberty Fashion Wears Ltd v Primark Stores Ltd and others [2015] EWHC 415 (QB), 23 February 2015

The Facts

The claimant brought a libel claim against the defendant, a clothes retailer, who published defamatory material about the claimant. The defendant sold items made by the claimant, but stopped trading with them after the defendant failed to make repairs to a factory building that had collapsed in Bangladesh. The defamatory material included a press release and information published on a website.

The Decision

The claim was struck out by the High Court on the basis that the defamatory words had not been widely viewed and the publication had been relatively minor. Further, the claimant did not have a trading reputation within the jurisdiction, and the claims had been bought a year after publication. This suggested that the claimant was not genuinely concerned by the published material, as they did not act quickly to defend their name.