E-mailers on alert

City firm Theodore Goddard last week secured the first successful libel action brought against a malicious e-mailer.

The firm acted for Takenaka (UK) Limited, where staff last year received e-mails from someone purporting to be 'Christina Realtor'.

The e-mails made defamatory statements about the company's managing director, Brian Corfe.

Theodore Goddard obtained disclosure against e-mail suppliers Microsoft and Compuserve.

The information revealed through the disclosure enabled the firm to trace the e-mails to a lap-top computer used by a Thames Water consultant based in Turkey, Mr David Frankl.

Mr Frankl denied sending the e-mails, but proceedings were commenced against him in January.

An expert appointed by the court found clear traces of the outgoing e-mails on Mr Frankl's computer.

Mr Frankl contended that he was innocent, and that someone else was controlling his computer using a programme called 'Back Orifice'.

Takenaka was awarded 26,000 damages.

Mr Frankl was ordered to pay costs of 50,000.

Rupert Earle, the partner at Theodore Goddard who acted on the case, said: 'E-mails can be a particularly unpleasant way of attacking someone.

This case sends a clear message that anonymous e-mailers run the risk of being made to pay for their cowardice and subterfuge.'

Jeremy Fleming