Day v Chivers

Day v Chivers

The Facebook posts, in their natural and ordinary meaning, contain serious allegations of fact and opinion about Mr Day's conduct, which are clearly defamatory at common law as they would substantially lower his reputation in the eyes of right-thinking members of society.

Parties
Claimant: David Day; Defendant: Janine Chivers
Jurisdiction
England and Wales
Judgment Date
21 December 2020
Procedural Posture
Libel / 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
Defamation Media Law Libel Social Media Publications Meaning of Words Fact Vs Opinion Defamatory Tendency

Case Brief

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Parties

David Day

Claimant

Janine Chivers

Defendant

Procedural Posture

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

Legal Issues

  1. 1 What is the natural and ordinary meaning of the Facebook posts?
  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 Facebook posts, in their natural and ordinary meaning, contain serious allegations of fact and opinion about Mr Day's conduct, which are clearly defamatory at common law as they would substantially lower his reputation in the eyes 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 trial or settlement.