Shah v Chohan [2022] EWHC 996 (QB) (28 April 2022)
The Tweet is a comment that the claimant's support of Black Lives Matter means she supports vandalism, as depicted in the video. This is a defamatory meaning at common law, but it is not a statement of fact. The words are clearly criticism or observation, and the basis of the opinion is sufficiently stated.
- Citation
- [2022] EWHC 996 (QB)
- 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 held to be defamatory at common law, as an expression of opinion with a sufficiently indicated basis.
- Legal Topics
- Libel, Social Media, Meaning of Publication, Defamatory Statement, Fact Vs Opinion
Case Brief
Summary, issues, holding and outcome
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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 What is the natural and ordinary meaning of the Tweet?
- 2 Is the meaning defamatory at common law?
- 3 Is the Tweet a statement of fact or opinion?
Ratio Decidendi
The Tweet is a comment that the claimant's support of Black Lives Matter means she supports vandalism, as depicted in the video. This is a defamatory meaning at common law, but it is not a statement of fact. The words are clearly criticism or observation, and the basis of the opinion is sufficiently stated.
Court Disposition
The Tweet is held to be defamatory at common law, as an expression of opinion with a sufficiently indicated basis.
Full Case Text
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