Donovan v Gibbons

Donovan v Gibbons

The material complained of is defamatory of the claimant at common law, both in a business and personal sense, as it imputes that she sold a dangerous pony as suitable for children, knowing it was unsuitable, thereby recklessly endangering children. The meaning is an allegation of fact, not merely comment or opinion.

Parties
Claimant: Louisa Donovan; Defendant: Kate Gibbons
Jurisdiction
England and Wales
Judgment Date
21 October 2014
Procedural Posture
Libel / Determination of Meaning, Fact or Comment, and Whether Defamatory at Common Law
Outcome
Determination of meaning and defamatory nature at common law in favour of claimant; issue of serious harm under statute parked; no order on application to strike out paragraphs of defence.
Legal Topics
Libel, Defamatory Meaning, Honest Comment, Honest Opinion, Business Reputation
Defamation Tort Libel Defamatory Meaning Honest Comment Honest Opinion Business Reputation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

Louisa Donovan

Claimant

Kate Gibbons

Defendant

Procedural Posture

Libel / Determination of Meaning, Fact or 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 is fact or comment/opinion
  3. 3 What is the single meaning of the material complained of

Ratio Decidendi

The material complained of is defamatory of the claimant at common law, both in a business and personal sense, as it imputes that she sold a dangerous pony as suitable for children, knowing it was unsuitable, thereby recklessly endangering children. The meaning is an allegation of fact, not merely comment or opinion.

Court Disposition

Determination of meaning and defamatory nature at common law in favour of claimant; issue of serious harm under statute parked; no order on application to strike out paragraphs of defence.