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 tweets and webpage must be determined as a whole, considering context but avoiding 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. The distinction between fact and opinion is governed by how the ordinary reasonable reader would interpret the statements in context.

Citation
[2021] EWHC 2135 (QB)
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, Fact Vs Opinion, Defamatory Meaning, Social Media Context, Basis of Opinion
Defamation Media Law Libel Fact Vs Opinion Defamatory Meaning Social Media Context Basis of Opinion

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 tweets and webpage must be determined as a whole, considering context but avoiding 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. The distinction between fact and opinion is governed by how the ordinary reasonable reader would interpret the statements in context.

Court Disposition

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

Orders

  • Meanings of publications set out item-by-item; allegations of death threats, police investigation, and harassment classified as fact; allegations of neo-Nazism and antisemitism classified as opinion with indicated basis.