Ware v Wimborne-idrissi & Ors [2021] EWHC 2296 (QB) (13 August 2021)

Ware v Wimborne-idrissi & Ors [2021] EWHC 2296 (QB) (13 August 2021)

The court found that the natural and ordinary meaning of the words in the radio broadcast was that the claimant had been disciplined by the BBC in connection with allegations of Islamophobia and extreme, far right politics, as a consequence of which the BBC had to apologise for his conduct (statement of fact, Chase level one), and that there were reasonable grounds to suspect he had an extensive record of Islamophobia and involvement in extreme, far right politics (statement of fact, Chase level two). For the website post, the meaning was that the claimant is a reporter whose journalistic record includes right wing, racist work (right wing: opinion; racist: fact), and who, through his...

Citation
[2021] EWHC 2296 (QB)
Parties
Claimant: John Ware; First Defendant: Naomi Wimborne-Idrissi; Second Defendant: Jewish Voice for Labour Ltd; Third Defendant: Richard Kuper
Jurisdiction
England and Wales
Judgment Date
13 August 2021
Procedural Posture
Defamation (libel) Preliminary Issues / Judgment on Preliminary Issues (meaning, Defamatory Nature, Fact/opinion, Basis of Opinion)
Outcome
Preliminary issues determined: meanings found, defamatory at common law, fact/opinion distinguished, basis of opinion indicated where required.
Legal Topics
Meaning in Defamation, Statements of Fact Vs Opinion, Defamatory at Common Law, Basis of Opinion, Chase Levels of Meaning
Defamation Media Law Meaning in Defamation Statements of Fact Vs Opinion Defamatory at Common Law Basis of Opinion Chase Levels of Meaning

Case Brief

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Parties

John Ware

Claimant

Naomi Wimborne-Idrissi

First Defendant

Jewish Voice for Labour Ltd

Second Defendant

Richard Kuper

Third Defendant

Procedural Posture

Defamation (libel) Preliminary Issues / Judgment on Preliminary Issues (meaning, Defamatory Nature, Fact/opinion, Basis of Opinion)

Legal Issues

  1. 1 What is the natural and ordinary meaning of the words complained of in the two publications?
  2. 2 Are those meanings defamatory at common law?
  3. 3 Which parts of those meanings are statements of fact and which are statements of opinion?

Ratio Decidendi

The court found that the natural and ordinary meaning of the words in the radio broadcast was that the claimant had been disciplined by the BBC in connection with allegations of Islamophobia and extreme, far right politics, as a consequence of which the BBC had to apologise for his conduct (statement of fact, Chase level one), and that there were reasonable grounds to suspect he had an extensive record of Islamophobia and involvement in extreme, far right politics (statement of fact, Chase level two). For the website post, the meaning was that the claimant is a reporter whose journalistic record includes right wing, racist work (right wing: opinion; racist: fact), and who, through his...

Court Disposition

Preliminary issues determined: meanings found, defamatory at common law, fact/opinion distinguished, basis of opinion indicated where required.

Orders

  • Declaration of meanings as set out in the judgment for both publications.
  • Declaration that the meanings are defamatory at common law.