Benjamin Thomas Johnson v Stephen Helm

Benjamin Thomas Johnson v Stephen Helm

The court held that, read in context, some of the statements complained of are statements of opinion and others are statements of fact. Specifically, 'Damaged everything' and 'admitted liability' are statements of opinion, while 'he pushed pipes in to the waste pipe for washing machine and dishwasher and sealed with silicone which backed up waste from toilet into the machines' and 'He even cut out the back of units due to a skirting board being at the back which should have been removed yet then realised he hadn’t put the legs on the units so when the legs went on the units he cut were higher than the skirting board' are statements of fact.

Parties
Claimant: Benjamin Thomas Johnson; Defendant: Stephen Helm
Jurisdiction
England and Wales
Judgment Date
20 June 2025
Procedural Posture
Libel / Determination of Preliminary Issue: Whether Words Complained of Are Statements of Fact or Opinion
Outcome
Preliminary issue determined: certain statements are fact, others opinion, as specified in the judgment.
Legal Topics
Libel, Fact Vs Opinion, Honest Opinion Defence, Defamatory Meaning
Defamation Media Law Libel Fact Vs Opinion Honest Opinion Defence Defamatory Meaning

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 14 Party arguments 2
Sign in to unlock

Parties

Benjamin Thomas Johnson

Claimant

Stephen Helm

Defendant

Procedural Posture

Libel / Determination of Preliminary Issue: Whether Words Complained of Are Statements of 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 defamation law

Ratio Decidendi

The court held that, read in context, some of the statements complained of are statements of opinion and others are statements of fact. Specifically, 'Damaged everything' and 'admitted liability' are statements of opinion, while 'he pushed pipes in to the waste pipe for washing machine and dishwasher and sealed with silicone which backed up waste from toilet into the machines' and 'He even cut out the back of units due to a skirting board being at the back which should have been removed yet then realised he hadn’t put the legs on the units so when the legs went on the units he cut were higher than the skirting board' are statements of fact.

Court Disposition

Preliminary issue determined: certain statements are fact, others opinion, as specified in the judgment.

Orders

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