Miller & Anor v Turner (Rev3) [2021] EWHC 2135 (QB) (28 July 2021)

Miller & Anor v Turner (Rev3) [2021] EWHC 2135 (QB) (28 July 2021)

The ordinary and natural meaning of the publications complained of must be determined impressionistically, taking the tweets as a whole and in context, without artificial redaction. Allegations of death threats, police investigation, and harassment are factual; allegations of neo-Nazism and antisemitism are opinion, with basis indicated by referenced material. References to fascism are relevant context and cannot be excluded from meaning determination.

Citation
[2021] EWHC 2135
Parties
Claimant: Daniel Miller; Claimant: Nina Power; Defendant: Luke Turner
Jurisdiction
England and Wales
Judgment Date
28 July 2021
Procedural Posture
Libel Action / Preliminary Issues Trial
Outcome
Preliminary issues determined; meanings and fact/opinion status of each publication established.
Legal Topics
Libel, Social Media Publications, Fact Vs Opinion, Defamatory Meaning, Contextual Interpretation
Defamation Media Law Libel Social Media Publications Fact Vs Opinion Defamatory Meaning Contextual Interpretation

Case Brief

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Parties

Daniel Miller

Claimant

Nina Power

Claimant

Luke Turner

Defendant

Procedural Posture

Libel Action / Preliminary Issues Trial

Legal Issues

  1. 1 Determination of natural and ordinary meaning of publications
  2. 2 Classification of statements as fact or opinion
  3. 3 Indication of basis for opinion statements

Ratio Decidendi

The ordinary and natural meaning of the publications complained of must be determined impressionistically, taking the tweets as a whole and in context, without artificial redaction. Allegations of death threats, police investigation, and harassment are factual; allegations of neo-Nazism and antisemitism are opinion, with basis indicated by referenced material. References to fascism are relevant context and cannot be excluded from meaning determination.

Court Disposition

Preliminary issues determined; meanings and fact/opinion status of each publication established.

Orders

  • Meanings of each publication set out item-by-item; allegations classified as fact or opinion; basis for opinion indicated where relevant.