05/10/2026
Etihad Airways is not named in the Premier League's recently published decision on Manchester City. It has said, however, that the way the findings were communicated has damaged it, that it was given no opportunity to respond during the process, and that it is now taking legal advice.
Businesses can find themselves in a similar position: not named in a report, ruling or investigation, but identifiable to anyone who knows the sector.
In law, a business does not have to be named to be identified. The question is whether people who know the surrounding facts would reasonably understand the statement to refer to it. A description such as "the main contractor" or "a supplier to the council" can be enough, whether or not the publisher intended the reference.
Identification is only the starting point. A business trading for profit must also show serious harm to its reputation, and that means provable financial loss - lost contracts, cancelled orders or a fall in enquiries. The courts expect evidence rather than assumption, so it is worth recording the impact early. Claims must generally be brought within a year of publication.
Where the damage comes through reporting rather than the decision itself, asking the publisher to publish an explanation or correction is often quicker and less costly than litigation, and a refusal can cost the publisher a defence it would otherwise rely on.
Kevin Modiri, Partner in our Dispute Resolution team, explains what a business needs to prove and the steps worth taking at the outset ➡️
https://lnkd.in/emQZnTzD
