Ness v Miller [2025] EWHC 1784 (KB) (15 July 2025)

Ness v Miller [2025] EWHC 1784 (KB) (15 July 2025)

The Claimant failed to properly plead or establish that the words in the YouTube video or the England Athletics emails referred to him, as required by law. The Defendant was not the author or publisher of the emails, and the Claimant's attempt to expand his case informally was not permitted. Accordingly, the preliminary issues were resolved in the Defendant's favour.

Citation
[2025] EWHC 1784 (KB)
Parties
Claimant: Christopher Ness; Defendant: Jennifer Miller
Jurisdiction
England and Wales
Judgment Date
15 July 2025
Procedural Posture
Civil Defamation/data Protection / Judgment on Preliminary Issues
Outcome
Preliminary issues resolved in favour of the Defendant; Claimant's case on reference fails.
Legal Topics
Libel, False Imprisonment, UK GDPR, Data Protection Act 2018, Preliminary Issues, Reference to Claimant, Publication, Defamatory Meaning
Defamation Data Protection Civil Procedure Libel False Imprisonment UK GDPR Data Protection Act 2018 Preliminary Issues +3 more

Case Brief

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Parties

Christopher Ness

Claimant

Jennifer Miller

Defendant

Procedural Posture

Civil Defamation/data Protection / Judgment on Preliminary Issues

Legal Issues

  1. 1 Whether the words in the YouTube video and England Athletics emails are defamatory of the Claimant at common law
  2. 2 Whether the words are statements of fact or opinion
  3. 3 Whether the YouTube video refers to the Claimant

Ratio Decidendi

The Claimant failed to properly plead or establish that the words in the YouTube video or the England Athletics emails referred to him, as required by law. The Defendant was not the author or publisher of the emails, and the Claimant's attempt to expand his case informally was not permitted. Accordingly, the preliminary issues were resolved in the Defendant's favour.

Court Disposition

Preliminary issues resolved in favour of the Defendant; Claimant's case on reference fails.

Orders

  • Claimant not permitted to expand case on reference informally;
  • Defendant found not to be author or publisher of England Athletics emails;