Building Register Ltd v Weston & Anor [2014] EWHC 784 (QB) (20 March 2014)

Building Register Ltd v Weston & Anor [2014] EWHC 784 (QB) (20 March 2014)

The website publication bore six defamatory meanings of the claimant, two of which were statements of fact and four were comment; the meanings were determined by the impression on the reasonable reader, and the distinction between fact and comment was made by reference to the context and evaluative language used.

Citation
[2014] EWHC 784
Parties
Claimant: Building Register Limited; First Defendant: Mark Weston; Second Defendant: All Clean Limited
Jurisdiction
England and Wales
Judgment Date
20 March 2014
Procedural Posture
Libel Action / Preliminary Issues Hearing on Meaning and Fact/opinion Distinction
Outcome
Ruling on preliminary issues; no final disposition of the action.
Legal Topics
Libel, Meaning of Defamatory Words, Fact Vs Comment, Honest Comment Defence, Threshold of Seriousness
Defamation Media Law Libel Meaning of Defamatory Words Fact Vs Comment Honest Comment Defence Threshold of Seriousness

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Parties

Building Register Limited

Claimant

Mark Weston

First Defendant

All Clean Limited

Second Defendant

Procedural Posture

Libel Action / Preliminary Issues Hearing on Meaning and Fact/opinion Distinction

Legal Issues

  1. 1 What is the natural and ordinary meaning of the words complained of?
  2. 2 Are the allegations statements of fact or expressions of opinion (comment)?
  3. 3 Are the meanings defamatory of the claimant?

Ratio Decidendi

The website publication bore six defamatory meanings of the claimant, two of which were statements of fact and four were comment; the meanings were determined by the impression on the reasonable reader, and the distinction between fact and comment was made by reference to the context and evaluative language used.

Court Disposition

Ruling on preliminary issues; no final disposition of the action.

Orders

  • The website publication bears the six meanings set out in paragraph 25 of the judgment.
  • Meanings in paragraph 25(2) and (3) are statements of fact; meanings in 25(1), (4), (5), and (6) are comment.