Banks v Cadwalladr [2022] EWHC 1417 (QB) (13 June 2022)

Banks v Cadwalladr [2022] EWHC 1417 (QB) (13 June 2022)

The court found that the TED Talk caused serious harm to Mr Banks’s reputation up to the point when the public interest defence ceased to apply, but not thereafter. The Tweet did not cause serious harm. The public interest defence under s.4 Defamation Act 2013 succeeded for the TED Talk until a significant change in circumstances occurred (29 April 2020), after which continued publication was not protected. The defence succeeded for the Tweet throughout. No damages were awarded as no serious harm was established after the defence ceased to apply, and the claim was dismissed.

Citation
[2022] EWHC 1417 (QB)
Parties
Claimant: Arron Banks; Defendant: Carole Cadwalladr
Jurisdiction
England and Wales
Judgment Date
13 June 2022
Procedural Posture
Libel Claim / Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Serious Harm Threshold, Public Interest Defence, Section 1 Defamation Act 2013, Section 4 Defamation Act 2013, Reputation of Public Figures, Damages in Defamation
Defamation Media Law Serious Harm Threshold Public Interest Defence Section 1 Defamation Act 2013 Section 4 Defamation Act 2013 Reputation of Public Figures Damages in Defamation

Case Brief

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Parties

Arron Banks

Claimant

Carole Cadwalladr

Defendant

Procedural Posture

Libel Claim / Judgment After Trial

Legal Issues

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

Ratio Decidendi

The court found that the TED Talk caused serious harm to Mr Banks’s reputation up to the point when the public interest defence ceased to apply, but not thereafter. The Tweet did not cause serious harm. The public interest defence under s.4 Defamation Act 2013 succeeded for the TED Talk until a significant change in circumstances occurred (29 April 2020), after which continued publication was not protected. The defence succeeded for the Tweet throughout. No damages were awarded as no serious harm was established after the defence ceased to apply, and the claim was dismissed.

Court Disposition

Claim dismissed