Tilbrook v Parr [2012] EWHC 1946 (QB) (13 July 2012)

Tilbrook v Parr [2012] EWHC 1946 (QB) (13 July 2012)

The words complained of are not reasonably capable of being understood as referring to the Claimant, as he is not named and no facts are pleaded to identify him individually. The law does not permit defamation claims by individuals based solely on attacks on a group unless the individual is specifically identified.

Citation
[2012] EWHC 1946
Parties
Claimant: Robin Tilbrook; Defendant: Stuart Parr
Jurisdiction
England and Wales
Judgment Date
13 July 2012
Procedural Posture
Defamation and Malicious Falsehood / Application to Strike Out Claim or for Summary Judgment
Outcome
Claim struck out; summary judgment for Defendant
Legal Topics
Identification in Defamation, Group Libel, Malice Pleading, Internet Publication
Defamation Malicious Falsehood Freedom of Expression Identification in Defamation Group Libel Malice Pleading Internet Publication

Case Brief

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Parties

Robin Tilbrook

Claimant

Stuart Parr

Defendant

Procedural Posture

Defamation and Malicious Falsehood / Application to Strike Out Claim or for Summary Judgment

Legal Issues

  1. 1 Are the words complained of reasonably capable of being understood as referring to the Claimant?
  2. 2 Can a claim for defamation or malicious falsehood succeed where the claimant is not named and no facts are pleaded to identify him individually?
  3. 3 Is a proper plea of malice or special damage made out for malicious falsehood?

Ratio Decidendi

The words complained of are not reasonably capable of being understood as referring to the Claimant, as he is not named and no facts are pleaded to identify him individually. The law does not permit defamation claims by individuals based solely on attacks on a group unless the individual is specifically identified.

Court Disposition

Claim struck out; summary judgment for Defendant

Orders

  • Claim dismissed
  • Permission to apply for amendment if Claimant wishes to rely on other publications