Alexander-Theodotou & Ors v Kounis (Rev 1) [2019] EWHC 956 (QB) (16 April 2019)

Alexander-Theodotou & Ors v Kounis (Rev 1) [2019] EWHC 956 (QB) (16 April 2019)

The claimants failed to establish that the Facebook Post caused or was likely to cause serious harm to their reputations or serious financial loss, as required by s 1 of the Defamation Act 2013. The evidence showed that only a small group, already holding adverse views, would have identified the claimants, and there was no evidence of wider publication or harm. The amendment application was refused as the new claims were fanciful, unsupported by evidence, and advanced too late.

Citation
[2019] EWHC 956
Parties
Claimant: Dr Katherine Alexander-Theodotou; Claimant: Highgate Hill Solicitors (A Firm); Claimant: K Alexandrou Theodotou LLC; Defendant: Georgios Kounis
Jurisdiction
England and Wales
Judgment Date
16 April 2019
Procedural Posture
Libel/defamation / Strike Out Application, Preliminary Issues Trial, Amendment Application
Outcome
Claim dismissed
Legal Topics
Libel, Serious Harm, Reference (identification), Amendment of Pleadings, Strike Out, Summary Judgment
Defamation Media Law Civil Procedure Libel Serious Harm Reference (identification) Amendment of Pleadings Strike Out +1 more

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Parties

Dr Katherine Alexander-Theodotou

Claimant

Highgate Hill Solicitors (A Firm)

Claimant

K Alexandrou Theodotou LLC

Claimant

Georgios Kounis

Defendant

Procedural Posture

Libel/defamation / Strike Out Application, Preliminary Issues Trial, Amendment Application

Legal Issues

  1. 1 Whether the Facebook Post referred to the claimants
  2. 2 Whether the words complained of bore a defamatory meaning
  3. 3 Whether the publication caused or was likely to cause serious harm to the claimants' reputations under s 1 Defamation Act 2013

Ratio Decidendi

The claimants failed to establish that the Facebook Post caused or was likely to cause serious harm to their reputations or serious financial loss, as required by s 1 of the Defamation Act 2013. The evidence showed that only a small group, already holding adverse views, would have identified the claimants, and there was no evidence of wider publication or harm. The amendment application was refused as the new claims were fanciful, unsupported by evidence, and advanced too late.

Court Disposition

Claim dismissed

Orders

  • Strike-out application granted in its entirety
  • Permission to amend claim form and particulars only to the extent of damages for libel in respect of the Facebook Post and injunction to restrain repetition