Day v Chivers [2020] EWHC 3522 (QB) (21 December 2020)

Day v Chivers [2020] EWHC 3522 (QB) (21 December 2020)

The posts, in their natural and ordinary meaning, contain serious allegations of fact and opinion about the claimant's conduct, including unethical, unlawful, and antisocial behaviour, which are clearly defamatory at common law as they would substantially lower the claimant in the estimation of right-thinking members of society.

Citation
[2020] EWHC 3522 (QB)
Parties
Claimant: David Day; Defendant: Janine Chivers
Jurisdiction
England and Wales
Judgment Date
21 December 2020
Procedural Posture
Libel Action / Preliminary Ruling on Meaning, Fact/opinion, and Defamatory Tendency
Outcome
Preliminary issues determined; all posts found to bear defamatory meanings at common law.
Legal Topics
Libel, Social Media Publications, Meaning of Words, Fact Vs Opinion, Defamatory Tendency, Preliminary Issues
Defamation Media Law Libel Social Media Publications Meaning of Words Fact Vs Opinion Defamatory Tendency Preliminary Issues

Case Brief

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Parties

David Day

Claimant

Janine Chivers

Defendant

Procedural Posture

Libel Action / Preliminary Ruling on Meaning, Fact/opinion, and Defamatory Tendency

Legal Issues

  1. 1 What is the natural and ordinary meaning of each Facebook post?
  2. 2 Do the posts contain allegations of fact or opinion?
  3. 3 Are the posts defamatory of the claimant at common law?

Ratio Decidendi

The posts, in their natural and ordinary meaning, contain serious allegations of fact and opinion about the claimant's conduct, including unethical, unlawful, and antisocial behaviour, which are clearly defamatory at common law as they would substantially lower the claimant in the estimation of right-thinking members of society.

Court Disposition

Preliminary issues determined; all posts found to bear defamatory meanings at common law.

Orders

  • Parties to proceed on clarified basis for further litigation; no final relief or damages awarded at this stage.