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Tuesday 09 February 2021 1:13 pm

Disgruntled client ordered to pay law firm £25,000 over Trustpilot review

By: James Warrington

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Back in July, the highest court in the UK ruled that litigation funding agreements (LFA) did not constitute a damages-based agreement.

A man who left an angry review of a legal firm on Trustpilot has been ordered to pay £25,000 in damages after a judge ruled he had committed libel.

Philip James Waymouth hired Summerfield Browne to represent him in a dispute concerning the enforcement of a court order, paying a fixed fee of £200.

Waymouth said he was dissatisfied with the service and branded the law firm a “total waste of money” and “another scam solicitor” in a post on consumer review website Trustpilot.

“Once they have your money they are totally apathetic towards you,” he wrote, according to court documents. “You will learn more from forums, Youtube and the Citizens advice website about your case, for free.”

But Summerfield Browne took legal action, stating his comments were untrue and defamatory and had led to a decline in new business enquiries.

The company sought damages and an order requiring Waymouth to remove the negative comment from the website.

Ruling in favour of the law firm, judge Master David Cook said it was “beyond any dispute that the words complained of had a clear tendency to put people off dealing with the claimant firm”.

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“It is a serious matter to accuse a solicitors firm of dishonesty and any such allegation is likely to deter those who are unfamiliar with the firm from using its services.”

The judge noted that Waymouth had refused to attend a virtual hearing in the case, but pointed to emails sent to the law firm in which he offered to remove the comment in exchange for a refund of his £200 fee.

Cook said the defendant had a tendency to “shoot wildly from the hip” and “should be required to focus his fire”.

“This is a stark reminder of the need for businesses to be careful when approaching disputes to consider the commercial as well as the legal outcomes,” said John Coldham, partner at law firm Gowling WLG.

“This firm achieved a successful legal result, but it sounds as if in doing so it might experience some negative publicity that may outweigh the benefits of the legal approach.

“There is always a balance in these disputes, but it is important to consider all possible consequences of legal action and take advice accordingly.”

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