MR SUENG HA HWANG v MS MI SOON KIM

MR SUENG HA HWANG v MS MI SOON KIM

The words spoken by the defendant, though defamatory, did not in context amount to an imputation of recognisable criminal conduct punishable by imprisonment and thus were not slanders actionable per se. The claim therefore fails.

Parties
Claimant: Mr Sueng Ha Hwang; Defendant: Ms Mi Soon Kim
Jurisdiction
England and Wales
Judgment Date
08 December 2021
Procedural Posture
Defamation (slander) / Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Slander Actionable Per Se, Imputation of Criminal Conduct, Serious Harm, Defences to Defamation
Defamation Tort Slander Actionable Per Se Imputation of Criminal Conduct Serious Harm Defences to Defamation

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Parties

Mr Sueng Ha Hwang

Claimant

Ms Mi Soon Kim

Defendant

Procedural Posture

Defamation (slander) / Judgment After Trial

Legal Issues

  1. 1 Whether the words spoken by the defendant imputed criminal conduct to the claimant and are slanders actionable per se
  2. 2 Whether the words caused or were likely to cause serious harm to the claimant's reputation
  3. 3 Whether the defences of truth or lack of criminal imputation apply

Ratio Decidendi

The words spoken by the defendant, though defamatory, did not in context amount to an imputation of recognisable criminal conduct punishable by imprisonment and thus were not slanders actionable per se. The claim therefore fails.

Court Disposition

Claim dismissed