JAMES WILSON v JAMES MENDELSOHN & Ors.

JAMES WILSON v JAMES MENDELSOHN & Ors.

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; this conduct was unwarranted, worrying, the conduct of a weirdo and a freak, and amounted to harassment. The Tweets republishing the Post adopted this meaning. These meanings are defamatory at common law, containing statements of fact and opinion, with the basis for opinion indicated. The publications do not allege paedophilia.

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 / Preliminary Issues Determination
Outcome
Preliminary issues determined; natural and ordinary meanings found; meanings held to be defamatory at common law.
Legal Topics
Libel, Misuse of Private Information, Harassment, Breach of Data Rights, Social Media Publications, Natural and Ordinary Meaning, Fact Vs Opinion, Repetition Rule
Defamation Media Law Tort Law Libel Misuse of Private Information Harassment Breach of Data Rights Social Media Publications +3 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 / Preliminary Issues Determination

Legal Issues

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

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; this conduct was unwarranted, worrying, the conduct of a weirdo and a freak, and amounted to harassment. The Tweets republishing the Post adopted this meaning. These meanings are defamatory at common law, containing statements of fact and opinion, with the basis for opinion indicated. The publications do not allege paedophilia.

Court Disposition

Preliminary issues determined; natural and ordinary meanings found; meanings held to be defamatory at common law.

Orders

  • Parties to agree an order reflecting the judgment.
  • Submissions on costs, form of order, and permission to appeal to be dealt with by agreement or further hearing.