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

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

The claim was dismissed because the Defendant proved, on the balance of probabilities, that the defamatory statement published to his sister was substantially true: the Claimant committed a serious sexual assault involving non-consensual digital penetration and touching of X. Only one message was published to a third party, and the truth defence succeeded for that publication.

Citation
[2021] EWHC 1011 (QB)
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, Serious Harm, Truth Defence, Publication, Meaning of Defamatory Statements
Defamation Media Law Libel Defamation Act 2013 Serious Harm Truth Defence Publication Meaning of Defamatory Statements

Case Brief

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Parties

Akintunde Coker

Claimant

Samson Nwakanma

Defendant

Procedural Posture

Libel Claim (defamation) / Trial Judgment

Legal Issues

  1. 1 Whether the Defendant published defamatory statements about the Claimant to third parties
  2. 2 Whether the statements referred to the Claimant and were defamatory at common law
  3. 3 Whether the publication caused or was likely to cause serious harm to the Claimant's reputation under section 1(1) of the Defamation Act 2013

Ratio Decidendi

The claim was dismissed because the Defendant proved, on the balance of probabilities, that the defamatory statement published to his sister was substantially true: the Claimant committed a serious sexual assault involving non-consensual digital penetration and touching of X. Only one message was published to a third party, and the truth defence succeeded for that publication.

Court Disposition

Claim dismissed