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

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

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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

  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 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.