Wilson v Mendelsohn & Ors [2022] EWHC 715 (QB) (30 March 2022)

Wilson v Mendelsohn & Ors [2022] EWHC 715 (QB) (30 March 2022)

The natural and ordinary meaning of the Facebook Post is that the Claimant objected to a mother leaving her car engine running while dropping her daughter at school, banged on her car window, was rude, and took pictures of her, her car, and her daughter, which he retained on his phone. That conduct was unwarranted and worrying, was the conduct of a weirdo and a freak, and amounted to harassment. The statements of fact and opinion are clearly indicated, and both are defamatory at common law. The Tweets republishing the Facebook Post adopt the same meaning. There is no imputation of paedophilia; the meaning does not go beyond harassment and inappropriate conduct.

Citation
[2022] EWHC 715 (QB)
Parties
Claimant: James Wilson; First Defendant: James Mendelsohn; Second Defendant: Peter Newbon; Third Defendant: Edward Cantor
Jurisdiction
England and Wales
Judgment Date
30 March 2022
Procedural Posture
Defamation and Related Torts (libel, Misuse of Private Information, Harassment, Breach of Data Rights) / Determination of Preliminary Issues on Meaning, Fact/opinion, and Defamatory Character
Outcome
Preliminary issues determined: natural and ordinary meaning found as set out; statements are defamatory at common law; statements of fact and opinion identified; basis of opinion indicated. No finding of paedophilia meaning. No final determination of liability or damages at this stage.
Legal Topics
Libel, Misuse of Private Information, Harassment, Breach of Data Rights, Social Media Publications, Fact Vs Opinion, Defamatory Meaning, Repetition Rule
Defamation Media Law Tort Law Privacy Law Libel Misuse of Private Information Harassment Breach of Data Rights +4 more

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Parties

James Wilson

Claimant

James Mendelsohn

First Defendant

Peter Newbon

Second Defendant

Edward Cantor

Third Defendant

Procedural Posture

Defamation and Related Torts (libel, Misuse of Private Information, Harassment, Breach of Data Rights) / Determination of Preliminary Issues on Meaning, Fact/opinion, and Defamatory Character

Legal Issues

  1. 1 What is the natural and ordinary meaning of the Facebook Post and the Tweets?
  2. 2 Are the statements fact or opinion?
  3. 3 Are the statements defamatory at common law?

Ratio Decidendi

The natural and ordinary meaning of the Facebook Post is that the Claimant objected to a mother leaving her car engine running while dropping her daughter at school, banged on her car window, was rude, and took pictures of her, her car, and her daughter, which he retained on his phone. That conduct was unwarranted and worrying, was the conduct of a weirdo and a freak, and amounted to harassment. The statements of fact and opinion are clearly indicated, and both are defamatory at common law. The Tweets republishing the Facebook Post adopt the same meaning. There is no imputation of paedophilia; the meaning does not go beyond harassment and inappropriate conduct.

Court Disposition

Preliminary issues determined: natural and ordinary meaning found as set out; statements are defamatory at common law; statements of fact and opinion identified; basis of opinion indicated. No finding of paedophilia meaning. No final determination of liability or damages at this stage.

Orders

  • Determination of preliminary issues as to meaning, fact/opinion, and defamatory character against First and Third Defendants.
  • Non-defamation claims against Second Defendant stayed pending further application or notice of discontinuance.