Warnes & Anor v Forge [2020] EWHC 1496 (QB) (12 June 2020)

Warnes & Anor v Forge [2020] EWHC 1496 (QB) (12 June 2020)

The words complained of in the three emails bear the meanings pleaded by the Claimants: that C1 committed fraud and is exceptionally dishonest, that C2 negligently failed to notice fraud, acted dishonestly, pursued a vendetta, and is mentally ill; these meanings are defamatory at common law, are statements of fact not opinion, and the defence of honest opinion fails.

Citation
[2020] EWHC 1496
Parties
Claimant: Hayley Warnes; Claimant: Raymond Robson; Defendant: David Forge
Jurisdiction
England and Wales
Judgment Date
12 June 2020
Procedural Posture
Defamation / Preliminary Hearing on Meaning and Legal Effect of Publications
Outcome
Claimants succeed on preliminary issue of meaning; Defendant's defence of honest opinion fails.
Legal Topics
Meaning of Defamatory Statements, Fact Vs Opinion, Defamation Act 2013, Mental Illness as Defamatory, Honest Opinion Defence
Defamation Tort Meaning of Defamatory Statements Fact Vs Opinion Defamation Act 2013 Mental Illness as Defamatory Honest Opinion Defence

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Parties

Hayley Warnes

Claimant

Raymond Robson

Claimant

David Forge

Defendant

Procedural Posture

Defamation / Preliminary Hearing on Meaning and Legal Effect of Publications

Legal Issues

  1. 1 What meanings do the words complained of convey?
  2. 2 Are the words defamatory at common law?
  3. 3 Are the words statements of fact or opinion under s.3(2) Defamation Act 2013?

Ratio Decidendi

The words complained of in the three emails bear the meanings pleaded by the Claimants: that C1 committed fraud and is exceptionally dishonest, that C2 negligently failed to notice fraud, acted dishonestly, pursued a vendetta, and is mentally ill; these meanings are defamatory at common law, are statements of fact not opinion, and the defence of honest opinion fails.

Court Disposition

Claimants succeed on preliminary issue of meaning; Defendant's defence of honest opinion fails.

Orders

  • Meanings found as pleaded by Claimants; words are defamatory; defence of honest opinion rejected.