Shah v Chohan [2022] EWHC 996 (QB) (28 April 2022)

Shah v Chohan [2022] EWHC 996 (QB) (28 April 2022)

The Tweet was a comment that the claimant's support of Black Lives Matter means she supports vandalism, as depicted in the video. The meaning is defamatory at common law but is not a statement of fact. The words were criticism or observation, and the basis of the opinion was sufficiently stated.

Citation
[2022] EWHC 996
Parties
Claimant: Naseem Shah MP; Defendant: Muhammad Ashraf Chohan
Jurisdiction
England and Wales
Judgment Date
28 April 2022
Procedural Posture
Libel / Preliminary Trial on Meaning, Defamatory Nature, Fact/opinion, and Basis of Opinion
Outcome
The Tweet is defamatory at common law but is an expression of opinion, not fact. The basis of the opinion is sufficiently indicated.
Legal Topics
Libel, Social Media, Meaning of Publication, Defamatory Statement, Fact Vs Opinion
Defamation Media Law Libel Social Media Meaning of Publication Defamatory Statement Fact Vs Opinion

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Parties

Naseem Shah MP

Claimant

Muhammad Ashraf Chohan

Defendant

Procedural Posture

Libel / Preliminary Trial on Meaning, Defamatory Nature, Fact/opinion, and Basis of Opinion

Legal Issues

  1. 1 What is the natural and ordinary meaning of the Tweet?
  2. 2 Is the meaning defamatory at common law?
  3. 3 Is the Tweet a statement of fact or opinion?

Ratio Decidendi

The Tweet was a comment that the claimant's support of Black Lives Matter means she supports vandalism, as depicted in the video. The meaning is defamatory at common law but is not a statement of fact. The words were criticism or observation, and the basis of the opinion was sufficiently stated.

Court Disposition

The Tweet is defamatory at common law but is an expression of opinion, not fact. The basis of the opinion is sufficiently indicated.