Donovan v Gibbons [2014] EWHC 3406 (QB) (21 October 2014)

Donovan v Gibbons [2014] EWHC 3406 (QB) (21 October 2014)

The material complained of is defamatory of the claimant at common law, both in a business and personal sense, because it imputes that she sold a dangerous pony as suitable for children, knowing it was unsuitable, which entails reckless disregard for children's safety. The allegation is one of fact, not merely comment or opinion.

Citation
[2014] EWHC 3406
Parties
Claimant: Louisa Donovan; Defendant: Kate Gibbons
Jurisdiction
England and Wales
Judgment Date
21 October 2014
Procedural Posture
Libel / Interlocutory Determination of Meaning, Fact/comment, and Whether Defamatory at Common Law
Outcome
Determination in favour of claimant on meaning and defamatory nature at common law; issue of serious harm under Defamation Act 2013 deferred.
Legal Topics
Libel, Defamatory Meaning, Fact Vs Comment, Business Reputation, Personal Reputation, Defamation Act 2013, Serious Harm Threshold
Defamation Media Law Libel Defamatory Meaning Fact Vs Comment Business Reputation Personal Reputation Defamation Act 2013 +1 more

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Parties

Louisa Donovan

Claimant

Kate Gibbons

Defendant

Procedural Posture

Libel / Interlocutory Determination of Meaning, Fact/comment, and Whether Defamatory at Common Law

Legal Issues

  1. 1 Whether the words and videos complained of are defamatory of the claimant at common law
  2. 2 Whether the material constitutes fact or comment/opinion
  3. 3 What is the single meaning of the material for the purposes of libel

Ratio Decidendi

The material complained of is defamatory of the claimant at common law, both in a business and personal sense, because it imputes that she sold a dangerous pony as suitable for children, knowing it was unsuitable, which entails reckless disregard for children's safety. The allegation is one of fact, not merely comment or opinion.

Court Disposition

Determination in favour of claimant on meaning and defamatory nature at common law; issue of serious harm under Defamation Act 2013 deferred.

Orders

  • The words and videos complained of are defamatory of the claimant at common law in both business and personal senses.
  • The allegation is one of fact, not merely comment or opinion.