McAlpine v Bercow [2013] EWHC 1342 (QB) (24 May 2013)

McAlpine v Bercow [2013] EWHC 1342 (QB) (24 May 2013)

The Tweet, in its natural and ordinary meaning, meant that the Claimant was a paedophile guilty of sexually abusing boys in care. The context, including the Newsnight report and media coverage, would have been known to a substantial number of the Defendant's followers. The use of 'innocent face' was ironical, and the Tweet provided the missing name to the allegations. The Tweet was therefore defamatory of the Claimant.

Citation
[2013] EWHC 1342 (QB)
Parties
Claimant: The Lord McAlpine of West Green; Defendant: Sally Bercow
Jurisdiction
England and Wales
Judgment Date
24 May 2013
Procedural Posture
Libel Action / Preliminary Issue on Meaning and Defamatory Nature of the Tweet
Outcome
The Tweet is defamatory of the Claimant in its natural and ordinary meaning.
Legal Topics
Libel, Social Media Publication, Meaning of Words, Innuendo, Repetition Rule
Defamation Media Law Libel Social Media Publication Meaning of Words Innuendo Repetition Rule

Case Brief

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Parties

The Lord McAlpine of West Green

Claimant

Sally Bercow

Defendant

Procedural Posture

Libel Action / Preliminary Issue on Meaning and Defamatory Nature of the Tweet

Legal Issues

  1. 1 What is the natural and ordinary meaning of the Tweet?
  2. 2 Is the Tweet defamatory of the Claimant?
  3. 3 Does the Tweet bear an innuendo meaning?

Ratio Decidendi

The Tweet, in its natural and ordinary meaning, meant that the Claimant was a paedophile guilty of sexually abusing boys in care. The context, including the Newsnight report and media coverage, would have been known to a substantial number of the Defendant's followers. The use of 'innocent face' was ironical, and the Tweet provided the missing name to the allegations. The Tweet was therefore defamatory of the Claimant.

Court Disposition

The Tweet is defamatory of the Claimant in its natural and ordinary meaning.

Orders

  • Case to proceed to assessment of damages unless parties reach agreement.