Sivananthan v Vasikaran [2022] EWHC 837 (QB) (06 April 2022)

Sivananthan v Vasikaran [2022] EWHC 837 (QB) (06 April 2022)

The WhatsApp posts, in their natural and ordinary meaning and context, allege that the claimant misled or misinformed Boris Johnson, causing him to refer to 'deepening ties' with Sri Lanka, thereby undermining the Tamil community's efforts; that the claimant took credit for others' achievements; and that he breached...

Source-derived case information.

Citation
[2022] EWHC 837 (QB)
Parties
Claimant: Dr Arujuna Sivananthan; Defendant: Mr Thurairajah Vasikaran
Jurisdiction
England and Wales
Judgment Date
06 April 2022
Procedural Posture
Libel Action / Preliminary Ruling on Meaning, Fact/opinion, and Defamatory Tendency
Outcome
Preliminary issues determined: the posts' natural and ordinary meaning, fact/opinion status, and defamatory tendency found for the claimant.
Legal Topics
Libel, Social Media Publications, Natural and Ordinary Meaning, Fact Vs Opinion, Defamatory Tendency
Defamation Media Law Libel Social Media Publications Natural and Ordinary Meaning Fact Vs Opinion Defamatory Tendency

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Summary, issues, holding and outcome

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Parties

Dr Arujuna Sivananthan

Claimant

Mr Thurairajah Vasikaran

Defendant

Procedural Posture

Libel Action / Preliminary Ruling on Meaning, Fact/opinion, and Defamatory Tendency

  1. 1 What is the single natural and ordinary meaning of the WhatsApp posts?
  2. 2 Are the posts statements of fact or opinion?
  3. 3 Are the posts defamatory of the claimant at common law?

Ratio Decidendi

The WhatsApp posts, in their natural and ordinary meaning and context, allege that the claimant misled or misinformed Boris Johnson, causing him to refer to 'deepening ties' with Sri Lanka, thereby undermining the Tamil community's efforts; that the claimant took credit for others' achievements; and that he breached the BTC Constitution for personal interests. These are statements of fact and opinion, and are defamatory of the claimant at common law.

Court Disposition

Preliminary issues determined: the posts' natural and ordinary meaning, fact/opinion status, and defamatory tendency found for the claimant.

Orders

  • Parties to make written submissions on case management directions before the claim progresses further to trial.