Burgon MP v News Group Newspapers Ltd & Anor [2019] EWHC 195 (QB) (06 February 2019)

Burgon MP v News Group Newspapers Ltd & Anor [2019] EWHC 195 (QB) (06 February 2019)

The online article bore the defamatory meaning that Mr Burgon joined a band which, as he knew, took great pleasure in using Nazi symbols. This was a statement of fact, not opinion. The publication caused serious harm to Mr Burgon's reputation. The defence of truth failed because the band did not take great pleasure...

Source-derived case information.

Citation
[2019] EWHC 195 (QB)
Parties
Claimant: Richard Burgon MP; Defendant: News Group Newspapers Limited; Defendant: Thomas Zoltan Newton Dunn
Jurisdiction
England and Wales
Judgment Date
06 February 2019
Procedural Posture
Libel, Malicious Falsehood, Data Protection Act Claim / High Court Trial, Judgment
Outcome
Claim for libel succeeds; claims for malicious falsehood and breach of Data Protection Act dismissed.
Legal Topics
Libel, Malicious Falsehood, Serious Harm, Defamation Act 2013, Honest Opinion, Truth Defence, Public Interest Defence, Data Protection Act 1998
Defamation Media Law Data Protection Libel Malicious Falsehood Serious Harm Defamation Act 2013 Honest Opinion +3 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 15 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Richard Burgon MP

Claimant

News Group Newspapers Limited

Defendant

Thomas Zoltan Newton Dunn

Defendant

Procedural Posture

Libel, Malicious Falsehood, Data Protection Act Claim / High Court Trial, Judgment

Legal Issues

  1. 1 What is the defamatory meaning of the online article?
  2. 2 Did the publication cause or was it likely to cause serious harm to the claimant's reputation?
  3. 3 Were the defences of truth, honest opinion, or public interest made out?

Ratio Decidendi

The online article bore the defamatory meaning that Mr Burgon joined a band which, as he knew, took great pleasure in using Nazi symbols. This was a statement of fact, not opinion. The publication caused serious harm to Mr Burgon's reputation. The defence of truth failed because the band did not take great pleasure in using Nazi symbols, and the stylised 'S's were not Nazi symbols but derived from a Black Sabbath album cover. The defence of honest opinion failed as the meaning was one of fact. The public interest defence failed because the defendants did not take reasonable steps to verify the facts or seek comment from the band or Mr Burgon before publication. There was no malicious...

Court Disposition

Claim for libel succeeds; claims for malicious falsehood and breach of Data Protection Act dismissed.

Orders

  • Defendants to pay damages to claimant for libel.
  • Defendants to publish a summary of the judgment.