Greenstein v Campaign Against Antisemitism [2019] EWHC 281 (QB) (15 February 2019)

Greenstein v Campaign Against Antisemitism [2019] EWHC 281 (QB) (15 February 2019)

The articles' statements that the Claimant is anti-Semitic are expressions of opinion, not allegations of fact, except for the allegation of previous criminal convictions in the First Article, which is a factual allegation. All are defamatory at common law.

Citation
[2019] EWHC 281
Parties
Claimant: Tony Greenstein; Defendant: Campaign Against Antisemitism
Jurisdiction
England and Wales
Judgment Date
15 February 2019
Procedural Posture
Libel / Trial of Preliminary Issues (meaning and Fact/opinion)
Outcome
Preliminary issues determined: statements that Claimant is anti-Semitic are expressions of opinion; allegation of criminal convictions is a statement of fact. All are defamatory at common law.
Legal Topics
Libel, Fact Vs Opinion, Meaning of Defamatory Statements, Defamation Act 2013
Defamation Media Law Libel Fact Vs Opinion Meaning of Defamatory Statements Defamation Act 2013

Case Brief

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Parties

Tony Greenstein

Claimant

Campaign Against Antisemitism

Defendant

Procedural Posture

Libel / Trial of Preliminary Issues (meaning and Fact/opinion)

Legal Issues

  1. 1 What is the natural and ordinary meaning of the words complained of in the articles?
  2. 2 Are the statements allegations of fact or expressions of opinion?
  3. 3 Are the statements defamatory at common law?

Ratio Decidendi

The articles' statements that the Claimant is anti-Semitic are expressions of opinion, not allegations of fact, except for the allegation of previous criminal convictions in the First Article, which is a factual allegation. All are defamatory at common law.

Court Disposition

Preliminary issues determined: statements that Claimant is anti-Semitic are expressions of opinion; allegation of criminal convictions is a statement of fact. All are defamatory at common law.

Orders

  • First Article: meanings (a)-(c) are expressions of opinion, meaning (d) is allegation of fact; all four defamatory.
  • Second to Fifth Articles: mean 'the Claimant was anti-Semitic' as expression of opinion defamatory at common law.