Kim v Lee (Rev 1)

Kim v Lee (Rev 1)

The Defendant's posts accused the Claimant of sustained dishonesty, fraud, and unethical conduct, which were not substantiated by evidence and caused serious harm to the Claimant's reputation as a journalist and pastor. The defence of truth failed, and the Claimant was entitled to damages and an injunction.

Parties
Claimant: Sang Youl Kim; Defendant: Sungmo Lee
Jurisdiction
England and Wales
Judgment Date
09 February 2021
Procedural Posture
Civil / Final Judgment
Outcome
Claim allowed
Legal Topics
Libel, Social Media Publication, Defences to Defamation, Damages, Injunctions
Defamation Media Law Libel Social Media Publication Defences to Defamation Damages Injunctions

Case Brief

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Parties

Sang Youl Kim

Claimant

Sungmo Lee

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the Defendant's social media posts were defamatory of the Claimant
  2. 2 Whether the Defendant's statements caused serious harm to the Claimant's reputation
  3. 3 Whether the Defendant's defence of truth was established

Ratio Decidendi

The Defendant's posts accused the Claimant of sustained dishonesty, fraud, and unethical conduct, which were not substantiated by evidence and caused serious harm to the Claimant's reputation as a journalist and pastor. The defence of truth failed, and the Claimant was entitled to damages and an injunction.

Court Disposition

Claim allowed

Orders

  • Injunction granted restraining the Defendant from further publishing the defamatory statements or similar statements about the Claimant
  • General damages awarded: £44,000 (including £4,000 aggravated damages)