Building Register Ltd v Weston & Anor

Building Register Ltd v Weston & Anor

The website publication bore the meanings set out in paragraph 25, which are defamatory of the Claimant. The meanings in 25(2) and 25(3) are statements of fact; the meanings in 25(1), (4), (5), and (6) are comment. The words cross the threshold of seriousness and are likely to affect the Claimant adversely in the estimation of reasonable people.

Parties
Claimant: Building Register Limited; First Defendant: Mark Weston; Second Defendant: All Clean Limited
Jurisdiction
England and Wales
Judgment Date
20 March 2014
Procedural Posture
Civil Defamation (libel) / Preliminary Issues Hearing on Meaning and Fact/opinion Distinction
Outcome
Preliminary issues determined; directions given for further case management.
Legal Topics
Meaning of Defamatory Statements, Fact Vs Comment Distinction, Honest Comment Defence, Threshold of Seriousness in Defamation
Defamation Tort Meaning of Defamatory Statements Fact Vs Comment Distinction Honest Comment Defence Threshold of Seriousness in Defamation

Case Brief

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Parties

Building Register Limited

Claimant

Mark Weston

First Defendant

All Clean Limited

Second Defendant

Procedural Posture

Civil Defamation (libel) / Preliminary Issues Hearing on Meaning and Fact/opinion Distinction

Legal Issues

  1. 1 What is the meaning borne by the words complained of?
  2. 2 Are the allegations statements of fact or expressions of opinion (comment)?
  3. 3 Are the meanings defamatory of the Claimant?

Ratio Decidendi

The website publication bore the meanings set out in paragraph 25, which are defamatory of the Claimant. The meanings in 25(2) and 25(3) are statements of fact; the meanings in 25(1), (4), (5), and (6) are comment. The words cross the threshold of seriousness and are likely to affect the Claimant adversely in the estimation of reasonable people.

Court Disposition

Preliminary issues determined; directions given for further case management.

Orders

  • Parties to apply for a Case Management Conference by 15th April 2014 unless the action is compromised in the interim.