Johnson v Helm [2025] EWHC 1546 (KB) (20 June 2025)

Johnson v Helm [2025] EWHC 1546 (KB) (20 June 2025)

The court held that, in the context of an online review, certain statements were statements of opinion (e.g., 'Damaged everything', 'admitted liability'), while others were statements of fact (e.g., 'he pushed pipes in to the waste pipe for washing machine and dishwasher and sealed with silicone', 'He even cut out the back of units...'). The distinction was made by considering how the ordinary reasonable reader would interpret the statements in context.

Citation
[2025] EWHC 1546 (KB)
Parties
Claimant: Benjamin Thomas Johnson; Defendant: Stephen Helm
Jurisdiction
England and Wales
Judgment Date
20 June 2025
Procedural Posture
Libel / Determination of Preliminary Issue (fact or Opinion)
Outcome
Preliminary issue determined: statements classified as fact or opinion as set out in the judgment.
Legal Topics
Libel, Defamation Act 2013, Honest Opinion Defence, Fact Vs Opinion, Online Reviews
Defamation Media Law Libel Defamation Act 2013 Honest Opinion Defence Fact Vs Opinion Online Reviews

Case Brief

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Parties

Benjamin Thomas Johnson

Claimant

Stephen Helm

Defendant

Procedural Posture

Libel / Determination of Preliminary Issue (fact or Opinion)

Legal Issues

  1. 1 Whether the statements complained of in the online review are statements of fact or opinion for the purposes of the Defamation Act 2013.

Ratio Decidendi

The court held that, in the context of an online review, certain statements were statements of opinion (e.g., 'Damaged everything', 'admitted liability'), while others were statements of fact (e.g., 'he pushed pipes in to the waste pipe for washing machine and dishwasher and sealed with silicone', 'He even cut out the back of units...'). The distinction was made by considering how the ordinary reasonable reader would interpret the statements in context.

Court Disposition

Preliminary issue determined: statements classified as fact or opinion as set out in the judgment.

Orders

  • Defendant's Counsel to draft an Order reflecting the court's rulings and seek agreement with the Claimant; failing agreement, the court will rule on the form of Order.