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

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

The court found that the words in all three emails, in their context and as understood by the reasonable reader, conveyed as fact that C1 was guilty of fraud and dishonesty, and that C2 was dishonest, acted unprofessionally, and was mentally ill. These meanings were defamatory at common law. The defence of honest opinion failed because the statements were factual assertions, not opinions, and the statutory requirements for the defence were not met.

Citation
[2020] EWHC 1496 (QB)
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
Findings on preliminary issues: the publications bear the defamatory meanings found by the court; defence of honest opinion fails.
Legal Topics
Meaning of Defamatory Statements, Honest Opinion Defence, Statements of Fact Vs Opinion, Imputation of Mental Illness, Professional Misconduct, Publication to Third Parties
Defamation Tort Law Meaning of Defamatory Statements Honest Opinion Defence Statements of Fact Vs Opinion Imputation of Mental Illness Professional Misconduct Publication to Third Parties

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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 is the natural and ordinary meaning of the words complained of in the three emails?
  2. 2 Are the words defamatory at common law?
  3. 3 Are the words statements of fact or opinion within the meaning of section 3(2) of the Defamation Act 2013?

Ratio Decidendi

The court found that the words in all three emails, in their context and as understood by the reasonable reader, conveyed as fact that C1 was guilty of fraud and dishonesty, and that C2 was dishonest, acted unprofessionally, and was mentally ill. These meanings were defamatory at common law. The defence of honest opinion failed because the statements were factual assertions, not opinions, and the statutory requirements for the defence were not met.

Court Disposition

Findings on preliminary issues: the publications bear the defamatory meanings found by the court; defence of honest opinion fails.