Coker v Nwakanma [2021] EWHC 1011 (QB) (23 April 2021)

Coker v Nwakanma [2021] EWHC 1011 (QB) (23 April 2021)

The Defendant proved on the balance of probabilities that the Claimant committed a serious sexual assault substantially matching the meaning of the defamatory statement; the truth defence under section 2 Defamation Act 2013 succeeds, so the claim is dismissed.

Citation
[2021] EWHC 1011
Parties
Claimant: Akintunde Coker; Defendant: Samson Nwakanma
Jurisdiction
England and Wales
Judgment Date
23 April 2021
Procedural Posture
Libel Claim (defamation) / Trial Judgment
Outcome
Claim dismissed
Legal Topics
Libel, Defamation Act 2013, Truth Defence, Serious Harm, Publication, Sexual Assault Allegations, Social Media Publications

Case Brief

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Parties

Akintunde Coker

Claimant

Samson Nwakanma

Defendant

Procedural Posture

Libel Claim (defamation) / Trial Judgment

  1. 1 Whether the Defendant published defamatory statements about the Claimant to third parties
  2. 2 Whether the statements referred to the Claimant
  3. 3 Whether the statements were defamatory at common law and caused serious harm under section 1(1) Defamation Act 2013

Ratio Decidendi

The Defendant proved on the balance of probabilities that the Claimant committed a serious sexual assault substantially matching the meaning of the defamatory statement; the truth defence under section 2 Defamation Act 2013 succeeds, so the claim is dismissed.

Court Disposition

Claim dismissed

Orders

  • Claim dismissed
  • Defendant's counterclaim dismissed as sanction for procedural non-compliance