John Alexander Melvin Hemming v Sonia Vanessa Poulton & Ors

John Alexander Melvin Hemming v Sonia Vanessa Poulton & Ors

The Judge did not err in law in finding that the Video bore a Chase Level 3 meaning (reasonable grounds to investigate whether the claimant abused Esther Baker) and that the Update, in its context, bore similar Chase Level 3 meanings about the claimant. However, the Judge's formulation of the meanings was unclear and incomplete; the Court of Appeal substituted more precise meanings. The Update did refer to the claimant in the mind of the ordinary reasonable reader. The statements were mainly factual, with some elements of opinion. The costs order was within the Judge's discretion and not disturbed.

Parties
Appellant/claimant: John Alexander Melvin Hemming; Respondent/defendant: Sonia Vanessa Poulton; Respondent/part 20 Defendant: Samuel Collingwood Smith; Respondent/part 20 Defendant: Darren Richard Laverty
Jurisdiction
England and Wales
Judgment Date
20 November 2025
Procedural Posture
Civil Appeal / Appeal From Preliminary Issues Determination in High Court
Outcome
Appeal allowed in part; Judge's determinations on meaning set aside and substituted; costs order upheld.
Legal Topics
Libel, Preliminary Issues, Meaning of Defamatory Statements, Reference and Innuendo, Costs Orders, Repetition Rule, Bane and Antidote Principle

Case Brief

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Parties

John Alexander Melvin Hemming

Appellant/claimant

Sonia Vanessa Poulton

Respondent/defendant

Samuel Collingwood Smith

Respondent/part 20 Defendant

Darren Richard Laverty

Respondent/part 20 Defendant

Procedural Posture

Civil Appeal / Appeal From Preliminary Issues Determination in High Court

  1. 1 What is the natural and ordinary meaning of the Video and the Update?
  2. 2 Do the publications bear a defamatory meaning at common law?
  3. 3 Are the statements fact or opinion?

Ratio Decidendi

The Judge did not err in law in finding that the Video bore a Chase Level 3 meaning (reasonable grounds to investigate whether the claimant abused Esther Baker) and that the Update, in its context, bore similar Chase Level 3 meanings about the claimant. However, the Judge's formulation of the meanings was unclear and incomplete; the Court of Appeal substituted more precise meanings. The Update did refer to the claimant in the mind of the ordinary reasonable reader. The statements were mainly factual, with some elements of opinion. The costs order was within the Judge's discretion and not disturbed.

Court Disposition

Appeal allowed in part; Judge's determinations on meaning set aside and substituted; costs order upheld.

Orders

  • The natural and ordinary meaning of the Video is that there are reasonable grounds to investigate whether John Hemming abused Esther Baker when she was a child, which is a defamatory factual imputation.
  • The Update refers to John Hemming and bears the meanings: (1) he has tried to stop Ms Poulton exposing child abuse by members of the Establishment by applying inappropriate and excessive pressure to authorities and harassing her; (2) his motivations are improper; (3) there are reasonable grounds to investigate...