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
Summary, issues, holding and outcome
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Parties
Akintunde Coker
Claimant
Samson Nwakanma
Defendant
Procedural Posture
Libel Claim (defamation) / Trial Judgment
Legal Issues
- 1 Whether the Defendant published defamatory statements about the Claimant to third parties
- 2 Whether the statements referred to the Claimant
- 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
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