David Paisley v Graham Linehan

David Paisley v Graham Linehan

Each of Publications 4(1)-4(3) are defamatory at common law. Publication 4(1) means the claimant is a paedophile (expression of opinion). Publication 4(2) prior to deletion of 4(1) means the claimant seeks to normalise adult male nudity in the presence of children and is rightly to be described as a paedophile (fact and opinion). After deletion of 4(1), 4(2) means the claimant seeks to normalise adult male nudity in the presence of children (fact). Publication 4(3) means the claimant is party to a co-ordinated attempt by child-molesters to manipulate, threaten or coerce those exposing their strategy, but does not mean he is himself a child-molester (fact).

Parties
Claimant: David Paisley; Defendant: Graham Linehan
Jurisdiction
England and Wales
Judgment Date
02 May 2025
Procedural Posture
Libel / Preliminary Issues Determination
Outcome
Determination of preliminary issues on meaning, fact/opinion, and defamatory nature; all three publications found defamatory at common law.
Legal Topics
Libel, Online Publication, Meaning Determination, Statements of Fact Vs Opinion, Defamatory Statements, Contextual Material
Defamation Media Law Libel Online Publication Meaning Determination Statements of Fact Vs Opinion Defamatory Statements Contextual Material

Case Brief

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Parties

David Paisley

Claimant

Graham Linehan

Defendant

Procedural Posture

Libel / Preliminary Issues Determination

Legal Issues

  1. 1 What is the meaning of the statements complained of?
  2. 2 Are the statements expressions of fact or opinion?
  3. 3 Are the statements defamatory at common law?

Ratio Decidendi

Each of Publications 4(1)-4(3) are defamatory at common law. Publication 4(1) means the claimant is a paedophile (expression of opinion). Publication 4(2) prior to deletion of 4(1) means the claimant seeks to normalise adult male nudity in the presence of children and is rightly to be described as a paedophile (fact and opinion). After deletion of 4(1), 4(2) means the claimant seeks to normalise adult male nudity in the presence of children (fact). Publication 4(3) means the claimant is party to a co-ordinated attempt by child-molesters to manipulate, threaten or coerce those exposing their strategy, but does not mean he is himself a child-molester (fact).

Court Disposition

Determination of preliminary issues on meaning, fact/opinion, and defamatory nature; all three publications found defamatory at common law.

Orders

  • Parties to draw up a draft order reflecting the judgment.
  • Timetable for written submissions on costs to be agreed.