Davidoff & Ors v Hargrave [2023] EWHC 1825 (KB) (21 July 2023)

Davidoff & Ors v Hargrave [2023] EWHC 1825 (KB) (21 July 2023)

Evidence regarding the characteristics of the defendant's Twitter followers is not admissible to determine whether the hypothetical reasonable reader would click on a hyperlink in the 7 May 2022 Tweet; the claimants' pleadings of reference innuendo are defective but may be remedied by amendment, and are not struck out at this stage.

Citation
[2023] EWHC 1825 (KB)
Parties
Claimant: Richard (Raziel) Davidoff; Claimant: Hannah (Hanni) Davidoff; Claimant: Tamara Davidoff; Claimant: Debby Davidoff; Defendant: Nicholas Hargrave
Jurisdiction
England and Wales
Judgment Date
21 July 2023
Procedural Posture
Defamation / Interlocutory Judgment on Strike Out Application and Preliminary Legal Issue
Outcome
Claimants' pleadings of reference innuendo are found defective but are not struck out; claimants are granted an opportunity to amend their pleadings within a tight timescale.
Legal Topics
Reference Innuendo, Pleading Requirements, Hyperlink Context in Defamation, Strike Out Applications, Preliminary Issues, Natural and Ordinary Meaning, Legal Innuendo, Objective Test for Reference
Media Law Defamation Reference Innuendo Pleading Requirements Hyperlink Context in Defamation Strike Out Applications Preliminary Issues Natural and Ordinary Meaning +2 more

Case Brief

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 4 Authorities cited 19 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Richard (Raziel) Davidoff

Claimant

Hannah (Hanni) Davidoff

Claimant

Tamara Davidoff

Claimant

Debby Davidoff

Claimant

Nicholas Hargrave

Defendant

Procedural Posture

Defamation / Interlocutory Judgment on Strike Out Application and Preliminary Legal Issue

Legal Issues

  1. 1 Whether parties may adduce evidence regarding defendant's Twitter followers to establish if a hypothetical reasonable reader would click a hyperlink in a tweet
  2. 2 Whether the claimants' pleadings of reference innuendo are defective and liable to be struck out

Ratio Decidendi

Evidence regarding the characteristics of the defendant's Twitter followers is not admissible to determine whether the hypothetical reasonable reader would click on a hyperlink in the 7 May 2022 Tweet; the claimants' pleadings of reference innuendo are defective but may be remedied by amendment, and are not struck out at this stage.

Court Disposition

Claimants' pleadings of reference innuendo are found defective but are not struck out; claimants are granted an opportunity to amend their pleadings within a tight timescale.

Orders

  • Claimants to be given an opportunity to amend their pleadings regarding reference innuendo.
  • Parties to agree terms of order and timetable for amendment and further submissions after judgment circulation.