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Disgruntled client must pay damages after online review

An unhappy client who posted a critical and defamatory online review of a law firm must pay £25,000 in damages, the Law Society Gazette of England and Wales has reported.

The judgment in Summerfield Browne Ltd v Waymouth says that a ‘substantial’ number of clients were deterred from engaging the firm after Philip James Waymouth wrote on the Trustpilot website that his interaction with the firm had been: ‘A total waste of money another scam solicitor’ [sic].

Libel proceedings followed and the law firm sought general damages limited to £25,000 and special damages of £300 per day to cover the downturn in business.

The firm also asked for an order to remove the defamatory words from Trustpilot.

Good standing

The firm, trading since 2014, was in good standing.

Waymouth posted the online review after instructing the firm on a £200 fixed fee over a dispute concerning the enforcement of a court order.

He did not engage with the firm’s complaints procedure and never properly articulated the reason for his dissatisfaction.

Public interest

Waymouth did not appear at the application hearing but set out a defence of honest opinion and public interest.

The court entered summary judgement for the firm after a solicitor said weekly enquiries fell from 50-60 to 30-40 following the online review.

The firm has since encouraged existing and past clients to leave positive reviews, and there has been a ‘slow increase’ in work.

General damages of £25,000 were awarded but the special damages claim for lost business was not made out.

Waymouth must also pay costs on the indemnity basis and the review must be removed.