Islam Expo Ltd v The Spectator (1828) Ltd & Anor [2010] EWHC 2011 (QB) (30 July 2010)

Islam Expo Ltd v The Spectator (1828) Ltd & Anor [2010] EWHC 2011 (QB) (30 July 2010)

The words complained of are capable of referring to the claimant because the references to 'IslamExpo' in the publication could reasonably be understood to refer to the claimant company, and the ambiguity is not resolved by the context provided by the hyperlinks.

Citation
[2010] EWHC 2011
Parties
Claimant: Islam Expo Ltd; Defendant: The Spectator (1828) Ltd; Defendant: Stephen Pollard
Jurisdiction
England and Wales
Judgment Date
30 July 2010
Procedural Posture
Libel Action / Interlocutory Application on Whether Words Are Capable of Referring to the Claimant
Outcome
Application dismissed; words are capable of referring to the claimant.
Legal Topics
Reference in Defamation, Meaning of Defamatory Words, Internet Publication, Context and Hyperlinks

Case Brief

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Parties

Islam Expo Ltd

Claimant

The Spectator (1828) Ltd

Defendant

Stephen Pollard

Defendant

Procedural Posture

Libel Action / Interlocutory Application on Whether Words Are Capable of Referring to the Claimant

  1. 1 Whether the words complained of are capable of referring to the claimant in a libel action

Ratio Decidendi

The words complained of are capable of referring to the claimant because the references to 'IslamExpo' in the publication could reasonably be understood to refer to the claimant company, and the ambiguity is not resolved by the context provided by the hyperlinks.

Court Disposition

Application dismissed; words are capable of referring to the claimant.

Orders

  • The action may proceed on the basis that the words are capable of referring to the claimant.