Lee v Brown [2022] EWHC 1699 (QB) (01 July 2022)

Lee v Brown [2022] EWHC 1699 (QB) (01 July 2022)

Mr Lee failed to prove, on the balance of probabilities, that any of the 22 statements published by Ms Brown caused or was likely to cause serious harm to his reputation as required by section 1(1) of the Defamation Act 2013; therefore, his defamation claim fails at the preliminary issues stage.

Citation
[2022] EWHC 1699 (QB)
Parties
Claimant: Mr Robert Lee; Defendant: Ms Vanessa Brown
Jurisdiction
England and Wales
Judgment Date
01 July 2022
Procedural Posture
Defamation Claim and Counterclaim / Preliminary Issues Trial and Judgment
Outcome
Claim dismissed; counterclaim to be transferred
Legal Topics
Defamation—serious Harm Requirement, Natural and Ordinary Meaning, Defamatory Tendency, Publication to Third Parties, Causation of Reputational Harm, Counterclaim—assault, Battery, Harassment
Defamation Media Law Defamation—serious Harm Requirement Natural and Ordinary Meaning Defamatory Tendency Publication to Third Parties Causation of Reputational Harm Counterclaim—assault, Battery, Harassment

Case Brief

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Parties

Mr Robert Lee

Claimant

Ms Vanessa Brown

Defendant

Procedural Posture

Defamation Claim and Counterclaim / Preliminary Issues Trial and Judgment

Legal Issues

  1. 1 What is the natural and ordinary meaning of the statements complained of?
  2. 2 Are the statements defamatory at common law?
  3. 3 Has the publication of each statement caused or is likely to cause serious harm to the claimant's reputation under section 1(1) Defamation Act 2013?

Ratio Decidendi

Mr Lee failed to prove, on the balance of probabilities, that any of the 22 statements published by Ms Brown caused or was likely to cause serious harm to his reputation as required by section 1(1) of the Defamation Act 2013; therefore, his defamation claim fails at the preliminary issues stage.

Court Disposition

Claim dismissed; counterclaim to be transferred

Orders

  • Mr Lee's defamation claim is dismissed for failure to establish serious harm under section 1(1) Defamation Act 2013.
  • Ms Brown's unresolved counterclaim in assault, battery, and harassment is to be transferred to the County Court for resolution.