Watkins v Mackle & Anor [2021] EWHC 1723 (QB) (28 June 2021)

Watkins v Mackle & Anor [2021] EWHC 1723 (QB) (28 June 2021)

Most meanings of the Messages are statements of fact, not opinion; only two meanings are expressions of opinion. The defence of honest opinion is only applicable to those parts. The strike-out application is refused as the Defence was pleaded before determination of meaning and is not abusive.

Citation
[2021] EWHC 1723 (QB)
Parties
Claimant: Neal Watkins; First Defendant: Declan Mackle; Second Defendant: Grosvenor Hill Capital Limited
Jurisdiction
England and Wales
Judgment Date
28 June 2021
Procedural Posture
Libel Claim / Determination of Preliminary Issues (meaning of Statements, Fact/opinion), Strike Out Application
Outcome
Strike-out application refused; preliminary issues determined.
Legal Topics
Libel, Honest Opinion Defence, Natural and Ordinary Meaning, Statements of Fact Vs Opinion, Strike Out Applications
Defamation Media Law Libel Honest Opinion Defence Natural and Ordinary Meaning Statements of Fact Vs Opinion Strike Out Applications

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Parties

Neal Watkins

Claimant

Declan Mackle

First Defendant

Grosvenor Hill Capital Limited

Second Defendant

Procedural Posture

Libel Claim / Determination of Preliminary Issues (meaning of Statements, Fact/opinion), Strike Out Application

Legal Issues

  1. 1 What is the natural and ordinary meaning of each of the Messages?
  2. 2 Are the meanings statements of fact or expressions of opinion?
  3. 3 Should the defence of honest opinion be struck out under CPR r 3.4?

Ratio Decidendi

Most meanings of the Messages are statements of fact, not opinion; only two meanings are expressions of opinion. The defence of honest opinion is only applicable to those parts. The strike-out application is refused as the Defence was pleaded before determination of meaning and is not abusive.

Court Disposition

Strike-out application refused; preliminary issues determined.

Orders

  • Court determines the natural and ordinary meaning of each Message and whether they are statements of fact or opinion.
  • Defence of honest opinion not struck out except where meanings are statements of fact.