Smith & Jackson v Surridge and others [2025] EWHC 74 (KB)

Libel Claim Dismissed

On 20 January 2025 Saini J handed down judgment dismissing 2 linked claims in libel, misuse of private information and negligent misstatement.

The claims were brought by teachers in respect of a joint reference provided by their former school to an agency through which they had received conditional offers of employment. At a trial of preliminary issues it had been decided that the references (which referred to safeguarding issues) mean that each of them had done something that caused harm to a child or had placed a child at risk of harm.

The Defendants stood by that account and pleaded a defence of truth. In addition, the Defendants relied upon the provision of an employment reference as being an occasion of qualified privilege. The Claimants denied that the reference was an occasion of privilege but also alleged that the reference had been provided maliciously. The claims in misuse of private information alleged that the assertion of having placed a child at risk was private information and that even if this was true it was a misuse to include it in the reference. The negligent misstatement claim was based solely on the alleged inaccuracy of the reference.

At trial the truth defences succeeded. Each Claimant was found to have acted so as to place a child at risk of harm. Although certain aspect of the truth defence failed, in some of those instances the Judge found the Claimants to have acted unprofessionally, albeit that this did not risk harm to any child.

Only in closing submissions did the Claimants accept that the reference was given on an occasion of privilege. The plea of malice had been substantially re-drawn at the start of the trial given the discrepancy between the Reply and the manner in which the issue was to be dealt with according to the Claimants’ skeleton argument. The Judge rejected it roundly, upholding the honesty of all of the Defendants’ witnesses.

Given the facts as found the claims for misuse of private information and negligent misstatement were also dismissed.

William McCormick KC, instructed by Daniel Jennings and Simran Kang of Shakespeare Martineau LLP, represented the Defendant trustees/governors. 

Judgment