Fentiman v Marsh

Fentiman v Marsh

The three posts published by the defendant imputed grave criminal conduct to the claimant, were disseminated to a substantial audience with further grapevine effect, and caused serious harm to the claimant's reputation, warranting substantial damages and an injunction to restrain repetition.

Parties
Claimant: Warrick Fentiman; Defendant: Richard Marsh
Jurisdiction
England and Wales
Judgment Date
31 July 2019
Procedural Posture
Libel Claim / Judgment After Trial
Outcome
Judgment for the claimant
Legal Topics
Libel, Serious Harm, Damages, Aggravated Damages, Injunction, Social Media Defamation
Defamation Media Law Libel Serious Harm Damages Aggravated Damages Injunction Social Media Defamation

Case Brief

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Parties

Warrick Fentiman

Claimant

Richard Marsh

Defendant

Procedural Posture

Libel Claim / Judgment After Trial

Legal Issues

  1. 1 Whether the publications complained of were defamatory of the claimant
  2. 2 Whether the publications caused serious harm to the claimant's reputation
  3. 3 Assessment of damages and aggravated damages

Ratio Decidendi

The three posts published by the defendant imputed grave criminal conduct to the claimant, were disseminated to a substantial audience with further grapevine effect, and caused serious harm to the claimant's reputation, warranting substantial damages and an injunction to restrain repetition.

Court Disposition

Judgment for the claimant

Orders

  • Damages of £55,000 awarded to the claimant
  • Injunction granted restraining the defendant from publishing similar defamatory statements