Kirkegaard v Smith

Kirkegaard v Smith

The court found that all four posts, when read in context including hyperlinked material, constituted expressions of opinion by the Defendant about the Claimant, not statements of fact. These opinions were defamatory of the Claimant at common law, but the court did not decide the question of serious harm under s 1 of the Defamation Act 2013.

Parties
Claimant: Emil Kirkegaard; Defendant: Oliver Smith
Jurisdiction
England and Wales
Judgment Date
11 December 2019
Procedural Posture
Defamation / Trial of Preliminary Issues (meaning and Fact/opinion)
Outcome
Preliminary issues determined: all posts are expressions of opinion, not statements of fact; meanings are defamatory of the Claimant at common law.
Legal Topics
Meaning Determination, Fact Vs Opinion, Online Publication Context, Hyperlink Context, Defamatory Statements
Defamation Media Law Meaning Determination Fact Vs Opinion Online Publication Context Hyperlink Context Defamatory Statements

Case Brief

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Parties

Emil Kirkegaard

Claimant

Oliver Smith

Defendant

Procedural Posture

Defamation / Trial of Preliminary Issues (meaning and Fact/opinion)

Legal Issues

  1. 1 Whether the words complained of bear the meanings pleaded
  2. 2 Whether those meanings are defamatory of the Claimant
  3. 3 Whether the statements are fact or opinion

Ratio Decidendi

The court found that all four posts, when read in context including hyperlinked material, constituted expressions of opinion by the Defendant about the Claimant, not statements of fact. These opinions were defamatory of the Claimant at common law, but the court did not decide the question of serious harm under s 1 of the Defamation Act 2013.

Court Disposition

Preliminary issues determined: all posts are expressions of opinion, not statements of fact; meanings are defamatory of the Claimant at common law.

Orders

  • Meanings of the words complained of determined as expressions of opinion
  • Meanings found to be defamatory of the Claimant at common law