20/11/2025
CASE SNAPSHOT - DAY 1 OF TRIAL - DEFAMATION ACTION
First day of trial in a defamation action in which our firm acts for an established elderly care centre seeking to protect its reputation.
The suit arises from a publicly posted online review which contain what our client alleges as being grave defamatory remarks.
The review was also subsequently amended and republished, further aggravating the defamatory sting.
The focus today was simply to lay factual foundations, the circumstances under which the resident had been admitted, the challenges faced by the caregivers, the steps taken by the centre to address the resident’s medical and behavioural concerns, and the events that followed after the care contract was terminated in accordance with its terms.
Our client’s evidence emphasises that the statements complained of were not made in good faith, contained no factual basis, and were published in a manner intended to provoke alarm among existing clients and potential families who rely on such care facilities.
This case unearths the broader issue faced by service providers across all industries today, the increasing weaponisation of online reviews and the thin line between fair comment and reputational harm towards the trade/business.
While businesses must always be open to accountable feedback, agenda based/mischievous falsehoods capable of damaging trust, livelihood, and public perception ought to be resoundingly chided as not part of our commercial culture.
VALUE | VISION | VIGOUR
