Thompson v James & Anor [2013] EWHC 515 (QB) (15 March 2013)

Thompson v James & Anor [2013] EWHC 515 (QB) (15 March 2013)

The court found that the statements made by Mr James in his letter were substantially true and justified by the evidence, including Mrs Thompson's campaign of allegations and her false report to the police. The defences of truth and honest comment succeeded. Mrs Thompson's blog postings about Mr James were found to be defamatory and untrue, and she failed to establish any defence. There was no evidence that the Council unlawfully indemnified Mr Bowen in the prior libel action.

Citation
[2013] EWHC 515 (QB)
Parties
Claimant and Part 20 Defendant: Jacqueline Thompson; First Defendant and Part 20 Claimant: Mark James; Second Defendant: Carmarthenshire County Council
Jurisdiction
England and Wales
Judgment Date
15 March 2013
Procedural Posture
Libel/defamation / High Court Judgment After Trial
Outcome
Claim dismissed; counterclaim upheld
Legal Topics
Libel, Honest Comment, Truth Defence, Public Interest, Harassment, Costs, Council Indemnity, Blogging and Publication, Planning Law
Defamation Media Law Public Law Libel Honest Comment Truth Defence Public Interest Harassment +4 more

Case Brief

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Parties

Jacqueline Thompson

Claimant and Part 20 Defendant

Mark James

First Defendant and Part 20 Claimant

Carmarthenshire County Council

Second Defendant

Procedural Posture

Libel/defamation / High Court Judgment After Trial

Legal Issues

  1. 1 Whether the letter written by Mr James was defamatory of Mrs Thompson and if defences of truth or honest comment applied
  2. 2 Whether Mrs Thompson's blog postings defamed Mr James and if any defences applied
  3. 3 Whether the Council unlawfully indemnified Mr Bowen in prior litigation

Ratio Decidendi

The court found that the statements made by Mr James in his letter were substantially true and justified by the evidence, including Mrs Thompson's campaign of allegations and her false report to the police. The defences of truth and honest comment succeeded. Mrs Thompson's blog postings about Mr James were found to be defamatory and untrue, and she failed to establish any defence. There was no evidence that the Council unlawfully indemnified Mr Bowen in the prior libel action.

Court Disposition

Claim dismissed; counterclaim upheld

Orders

  • Mrs Thompson's claim for libel against Mr James and the Council is dismissed.
  • Judgment for Mr James on his counterclaim for libel against Mrs Thompson.