IN THE HIGH COURT OF JUSTICE                                              Claim No: B90MA460

 

QUEEN’S BENCH DIVISION

 

LIVERPOOL DISTRICT REGISTRY

 

Before the Honourable Mr Justice Turner

 

On the 15th May 2017

 

BETWEEN:-

 

 

 

TESS (TIMESHARE EXIT AND SUPPORT SERVICES) LIMITED  

 

Claimant

 
 

 

 

– and –

   
   

TIMESHARE ASSOCIATION (TIMESHARE OWNERS AND COMMITTEES) LIMITED

 

 

 

 

 

Defendant

 
       
  ORDER

 

PENAL NOTICE

 

IF YOU THE DEFENDANT DISOBEY PARAGRAPH 3 OF THIS ORDER YOU MAY BE HELD TO BE IN CONTEMPT OF COURT AND MAY BE FINED OR HAVE YOUR ASSETS SEIZED.

 

UPON the trial of this claim at the Liverpool Civil and Family Court on 15 May 2017

AND UPON hearing Counsel for the Claimant and the Defendant not attending

AND UPON the Claimant tendering the witness evidence in support of its claim; the Court being satisfied that liability had been established and the s1 Defamation Act 2013 test met; and that the Claimant’s evidence established the falsity of the words complained of

IT IS ORDERED that:

 

  1. Judgment be entered for the Claimant.

 

  1. The Claimant is awarded:

 

  1. £75,000 by way of general damages to be payable forthwith;

 

  1. £100,000 by way special damages to be payable forthwith.

 

  1. The Defendant whether by itself, its directors, staff or howsoever must not publish or cause to be published the following defamatory words of or about the Claimant or similar such words

 

  1. The Claimant is a scam company which has been cold-calling timeshare owners since 2013 and continues to do so;

 

  1. The Defendant shall pay the Claimant’s costs of and occasioned by the claim summarily assessed in the sum of £100,000 forthwith .

 

 

Dated 15 May 2017


Posted on: 16th May 2017