Cases

SD Marine Ltd v Powell

Facts

D purchased a boat through C, a broker. C agreed to carry out various works on the boat prior to delivery but, D claims, did not do so satisfactorily.

D made 2 postings on a website messageboard about his experience of C, headed "SD Marine - Honest Brokers or back street cowboys?". C's solicitors contacted him and complained that he had libelled C. D, having briefly consulted a lawyer but acting without legal representation, stated in an email that he made "an offer to make amends" under s.2 of the Defamation Act 1996, but went on to state that his offer was only to make a specified apology. It was not clear to which words or posting this offer related. C requested an offer for damages and confirmation that D would pay its costs. D replied that he did not intend to pay C damages or costs. He also stated that he had received poor service from C.

Three days later, C purported to accept D’s 'offer of amends'.

C sought a ruling that an offer of amends had been made and accepted.

Also