Scarsdale Grange LLP (t/a Scarsdale Grange Nursing Home) v JPIMedia Nsmy Ltd & Anor [2020] EWHC 1988 (QB) (23 July 2020)

Scarsdale Grange LLP (t/a Scarsdale Grange Nursing Home) v JPIMedia Nsmy Ltd & Anor [2020] EWHC 1988 (QB) (23 July 2020)

The articles mean that the Claimant's nursing home is ineffectually managing the Covid-19 crisis, thereby putting residents and employees at risk, particularly by failing to provide adequate PPE and admitting untested residents. The allegations regarding management are opinion, not fact, and are defamatory at common law because they have a tendency to substantially affect attitudes towards the Claimant. The factual statements about PPE and admissions, in the context of a national crisis and shortages, are not themselves defamatory.

Citation
[2020] EWHC 1988 (QB)
Parties
Claimant: Scarsdale Grange LLP t/a Scarsdale Grange Nursing Home; First Defendant: JPIMEDIA NSMY LIMITED; Second Defendant: JPIMEDIA PUBLISHING LIMITED
Jurisdiction
England and Wales
Judgment Date
23 July 2020
Procedural Posture
Libel Claim (defamation) / Preliminary Issue Trial on Meaning, Fact/opinion, and Defamatory Tendency at Common Law
Outcome
Preliminary issue determined: meaning found, fact/opinion distinguished, defamatory tendency at common law found for opinion only.
Legal Topics
Libel, Meaning of Defamatory Statements, Fact Vs Opinion, Defamation of Corporate Claimants, COVID 19 Reporting, Bane and Antidote, Repetition Rule
Defamation Media Law Libel Meaning of Defamatory Statements Fact Vs Opinion Defamation of Corporate Claimants COVID 19 Reporting Bane and Antidote +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 20 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Scarsdale Grange LLP t/a Scarsdale Grange Nursing Home

Claimant

JPIMEDIA NSMY LIMITED

First Defendant

JPIMEDIA PUBLISHING LIMITED

Second Defendant

Procedural Posture

Libel Claim (defamation) / Preliminary Issue Trial on Meaning, Fact/opinion, and Defamatory Tendency at Common Law

Legal Issues

  1. 1 What is the natural and ordinary meaning of the words complained of in the articles?
  2. 2 Are those meanings statements of fact or opinion?
  3. 3 Are those meanings defamatory at common law of a corporate claimant?

Ratio Decidendi

The articles mean that the Claimant's nursing home is ineffectually managing the Covid-19 crisis, thereby putting residents and employees at risk, particularly by failing to provide adequate PPE and admitting untested residents. The allegations regarding management are opinion, not fact, and are defamatory at common law because they have a tendency to substantially affect attitudes towards the Claimant. The factual statements about PPE and admissions, in the context of a national crisis and shortages, are not themselves defamatory.

Court Disposition

Preliminary issue determined: meaning found, fact/opinion distinguished, defamatory tendency at common law found for opinion only.

Orders

  • Meaning of the articles determined as set out in the judgment.
  • Allegations regarding management are opinion and defamatory at common law.