ARRON BANKS v CAROLE CADWALLADR

ARRON BANKS v CAROLE CADWALLADR

The TED Talk caused serious harm to Mr Banks’s reputation and was defamatory under s.1 Defamation Act 2013, but Ms Cadwalladr established a public interest defence under s.4 for the period up to 29 April 2020. After a significant change in circumstances (NCA and Joint Statement), the defence ceased to apply, but Mr Banks failed to prove serious harm from continuing publication. The Tweet did not cause serious harm and was not defamatory. Accordingly, the claim is dismissed.

Parties
Claimant: Arron Banks; Defendant: Carole Cadwalladr
Jurisdiction
England and Wales
Judgment Date
13 June 2022
Procedural Posture
Libel Claim / Final Judgment
Outcome
Claim dismissed
Legal Topics
Serious Harm, Public Interest Defence, Freedom of Expression, Political Speech, Reputation, SLAPP Suit
Defamation Media Law Human Rights Serious Harm Public Interest Defence Freedom of Expression Political Speech Reputation +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 23 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

Arron Banks

Claimant

Carole Cadwalladr

Defendant

Procedural Posture

Libel Claim / Final Judgment

Legal Issues

  1. 1 Whether the TED Talk and Tweet caused or are likely to cause serious harm to Mr Banks’s reputation under s.1 Defamation Act 2013
  2. 2 Whether Ms Cadwalladr established a public interest defence under s.4 Defamation Act 2013
  3. 3 Whether there was a significant change in circumstances affecting the public interest defence

Ratio Decidendi

The TED Talk caused serious harm to Mr Banks’s reputation and was defamatory under s.1 Defamation Act 2013, but Ms Cadwalladr established a public interest defence under s.4 for the period up to 29 April 2020. After a significant change in circumstances (NCA and Joint Statement), the defence ceased to apply, but Mr Banks failed to prove serious harm from continuing publication. The Tweet did not cause serious harm and was not defamatory. Accordingly, the claim is dismissed.

Court Disposition

Claim dismissed