Hanson v Associated Newspapers Ltd [2020] EWHC 1048 (QB) (01 May 2020)

Hanson v Associated Newspapers Ltd [2020] EWHC 1048 (QB) (01 May 2020)

The Article's natural and ordinary meaning is that the Claimant, by supporting Vicki Paterson, subscribing to the idea that alleged victims must be believed, and befriending and associating with Beech, demonstrated a lack of professional judgement and gave unjustified credibility to Beech's fantasies, sharing responsibility for reputational and financial damage. By accepting a position on the Operation Conifer advisory panel after prejudging Heath's guilt, she demonstrated lack of impartiality and professional judgment. The underlined passages are opinion; the rest are fact. The meaning as a whole is defamatory due to the opinion expressed, not the factual allegations.

Citation
[2020] EWHC 1048 (QB)
Parties
Claimant: Eleanor Louise Hanson; Defendant: Associated Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
01 May 2020
Procedural Posture
Libel Claim / Determination of Preliminary Issues (meaning and Fact/opinion) Prior to Defence
Outcome
Preliminary issues determined: meaning and fact/opinion found as set out in judgment. No final determination of liability or damages at this stage.
Legal Topics
Libel, Meaning of Publication, Fact Vs Opinion, Defamatory Meaning, Defamation Act 2013

Case Brief

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Parties

Eleanor Louise Hanson

Claimant

Associated Newspapers Limited

Defendant

Procedural Posture

Libel Claim / Determination of Preliminary Issues (meaning and Fact/opinion) Prior to Defence

  1. 1 What is the natural and ordinary meaning of the Article?
  2. 2 Are the words complained of statements of fact or opinion?
  3. 3 Did the Article indicate the basis of any opinion expressed?

Ratio Decidendi

The Article's natural and ordinary meaning is that the Claimant, by supporting Vicki Paterson, subscribing to the idea that alleged victims must be believed, and befriending and associating with Beech, demonstrated a lack of professional judgement and gave unjustified credibility to Beech's fantasies, sharing responsibility for reputational and financial damage. By accepting a position on the Operation Conifer advisory panel after prejudging Heath's guilt, she demonstrated lack of impartiality and professional judgment. The underlined passages are opinion; the rest are fact. The meaning as a whole is defamatory due to the opinion expressed, not the factual allegations.

Court Disposition

Preliminary issues determined: meaning and fact/opinion found as set out in judgment. No final determination of liability or damages at this stage.

Orders

  • The natural and ordinary meaning of the Article is as set out in the judgment, distinguishing fact and opinion.
  • The Article's opinion statements indicate their basis as required by law.