Blake & Ors v Fox [2023] EWCA Civ 1000 (25 August 2023)

Blake & Ors v Fox [2023] EWCA Civ 1000 (25 August 2023)

The claimants' tweets were statements of opinion, not fact, and were defamatory at common law. The defendant's tweets in response to Mr Blake and Mr Seymour were allegations of fact and defamatory. The defendant's tweet in response to Ms Thorp was rhetorical mimicry, not a literal allegation, and not defamatory. The judge was not required to define 'racist' as the natural and ordinary meaning sufficed.

Citation
[2023] EWCA Civ 1000
Parties
Claimant/respondent: Simon Blake; Claimant/respondent: Colin Seymour; Claimant/respondent: Nicola Thorp; Defendant/appellant: Laurence Fox
Jurisdiction
England and Wales
Judgment Date
25 August 2023
Procedural Posture
Appeal (civil) / Appeal From High Court Preliminary Issues Judgment
Outcome
Appeal dismissed in respect of Mr Blake and Mr Seymour; appeal allowed in respect of Ms Thorp.
Legal Topics
Libel, Social Media, Opinion Vs Fact, Defamatory Meaning, Honest Opinion Defence, Vulgar Abuse Exception
Defamation Media Law Libel Social Media Opinion Vs Fact Defamatory Meaning Honest Opinion Defence Vulgar Abuse Exception

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Parties

Simon Blake

Claimant/respondent

Colin Seymour

Claimant/respondent

Nicola Thorp

Claimant/respondent

Laurence Fox

Defendant/appellant

Procedural Posture

Appeal (civil) / Appeal From High Court Preliminary Issues Judgment

Legal Issues

  1. 1 Whether the tweets in question were statements of fact or opinion
  2. 2 Whether the tweets were defamatory at common law
  3. 3 Whether the term 'racist' required judicial definition in context

Ratio Decidendi

The claimants' tweets were statements of opinion, not fact, and were defamatory at common law. The defendant's tweets in response to Mr Blake and Mr Seymour were allegations of fact and defamatory. The defendant's tweet in response to Ms Thorp was rhetorical mimicry, not a literal allegation, and not defamatory. The judge was not required to define 'racist' as the natural and ordinary meaning sufficed.

Court Disposition

Appeal dismissed in respect of Mr Blake and Mr Seymour; appeal allowed in respect of Ms Thorp.

Orders

  • Dismissal of Mr Fox's appeal regarding Mr Blake and Mr Seymour's claims.
  • Allowing Mr Fox's appeal regarding Ms Thorp; her claim to be dismissed.