Smith & Anor v Surridge & Ors [2023] EWHC 351 (KB) (20 February 2023)

Smith & Anor v Surridge & Ors [2023] EWHC 351 (KB) (20 February 2023)

The reference email conveyed, as a statement of fact, that during their employment at Stanborough School, each claimant did something that gave rise to a safeguarding issue, namely something that either caused harm to a child or placed a child at risk of harm. This is a Chase level 1 meaning and is defamatory at common law.

Citation
[2023] EWHC 351 (KB)
Parties
Claimant: Ann-Marie Janice Smith; Claimant: Kaydon Judydeen Jackson; Defendant: Pastor John Charles Surridge; Defendant: Pastor Ian Sweeney; Defendant: Pastor Emmaniel Osei; Defendant: Mr Kaz James
Jurisdiction
England and Wales
Judgment Date
20 February 2023
Procedural Posture
Libel and Related Torts (preliminary Issues) / Judgment on Preliminary Issues: Meaning, Defamatory Nature, Fact/opinion
Outcome
Preliminary issues determined: the reference bears a Chase level 1 defamatory meaning as a statement of fact.
Legal Topics
Libel, Misuse of Private Information, Negligent Misstatement, Defamatory Meaning, Chase Levels, Repetition Rule, School References, Safeguarding Allegations
Defamation Media Law Tort Libel Misuse of Private Information Negligent Misstatement Defamatory Meaning Chase Levels +3 more

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Parties

Ann-Marie Janice Smith

Claimant

Kaydon Judydeen Jackson

Claimant

Pastor John Charles Surridge

Defendant

Pastor Ian Sweeney

Defendant

Pastor Emmaniel Osei

Defendant

Mr Kaz James

Defendant

Procedural Posture

Libel and Related Torts (preliminary Issues) / Judgment on Preliminary Issues: Meaning, Defamatory Nature, Fact/opinion

Legal Issues

  1. 1 What is the natural and ordinary meaning of the reference email?
  2. 2 Is the meaning defamatory at common law?
  3. 3 Is the statement one of fact or opinion?

Ratio Decidendi

The reference email conveyed, as a statement of fact, that during their employment at Stanborough School, each claimant did something that gave rise to a safeguarding issue, namely something that either caused harm to a child or placed a child at risk of harm. This is a Chase level 1 meaning and is defamatory at common law.

Court Disposition

Preliminary issues determined: the reference bears a Chase level 1 defamatory meaning as a statement of fact.