Media Logistics (UK), an electronic direct marketing company in Falkirk, Scotland, has been told to pay £300 for sending e-mail adverts to Nigel Roberts, a businessman from the Channel Islands.

The case is believed to be the first successful action in Britain under a European law which allows internet users to claim damages from a sender of bulk e-mails. Mr Roberts, 37, who won his case against the company in Colchester County Court, said that it could spark a number of claims.

“This case does provide a guideline when it comes to successfully claiming damages. It also shows that wherever they are, these companies can be held responsible for sending spam to anyone living in the British Isles,” he said.

“This may be a tiny victory but perhaps now spammers will begin to realise that people don’t have to put up with their e-mail inboxes being filled with unwanted junk.”

Three years ago the EU passed an anti-spam law — the Directive on Privacy and Telecommunications — which gave individuals the right to fight unwanted e-mail by allowing them to claim damages.

When Mr Roberts received unwanted e-mails in August for a contract car firm and a fax broadcasting business, he decided to fight back. He wrote to the company asking for an apology and claiming damages. Under the Data Protection Act, he asked the company to explain how it had obtained his details.

“When they declined to give the information or make an offer of damages, I issued a claim against them under the anti-spam laws,” he said.

The company filed acknowledgement of the claim at the court, but did not defend the action. District Judge Mitchell awarded judgment to Mr Roberts. In an out-of-court agreement last week, the company agreed to pay damages of £270 plus £30 in costs.

Mr Roberts had limited his claim a maximum of £300 to qualify to file it as a small claim. However, legal experts believe that in higher courts, much larger sums could be awarded.

Jane Stuart, Media Logistics (UK) company secretary, said that she could recall the court case taken by Mr Roberts but declined to comment further.

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