Wozniak & Anor v Randall [2021] EWHC 2341 (QB) (19 August 2021)

Wozniak & Anor v Randall [2021] EWHC 2341 (QB) (19 August 2021)

The defendant failed to prove the substantial truth of the most serious defamatory allegations, including that the claimants were liars, thieves, bullies, or had brainwashed elderly villagers. The court found that while the dispute was bitter and both sides acted with conviction, the evidence did not support the truth of the defamatory imputations. Accordingly, the defence of truth failed and the claimants succeeded in their libel claim.

Citation
[2021] EWHC 2341
Parties
Claimant: Richard Wozniak; Claimant: Bridget Kelly; Defendant: Chloe Randall
Jurisdiction
England and Wales
Judgment Date
19 August 2021
Procedural Posture
Libel Action / Judgment After Trial
Outcome
Claim allowed
Legal Topics
Libel, Truth Defence, Ownership of Unregistered Land, Rights of Way, Ad Medium Filum, Village Green Status
Defamation Property Law Civil Procedure Libel Truth Defence Ownership of Unregistered Land Rights of Way Ad Medium Filum +1 more

Case Brief

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Parties

Richard Wozniak

Claimant

Bridget Kelly

Claimant

Chloe Randall

Defendant

Procedural Posture

Libel Action / Judgment After Trial

Legal Issues

  1. 1 Whether the defendant's website articles were defamatory of the claimants
  2. 2 Whether the defence of truth was established for the defamatory statements
  3. 3 Whether the claimants were liars, thieves, bullies, or had brainwashed elderly villagers as alleged

Ratio Decidendi

The defendant failed to prove the substantial truth of the most serious defamatory allegations, including that the claimants were liars, thieves, bullies, or had brainwashed elderly villagers. The court found that while the dispute was bitter and both sides acted with conviction, the evidence did not support the truth of the defamatory imputations. Accordingly, the defence of truth failed and the claimants succeeded in their libel claim.

Court Disposition

Claim allowed

Orders

  • Judgment for the claimants on the libel claim
  • Damages to be assessed