Islam Expo Ltd v The Spectator (1828) Ltd & Anor
The words complained of are capable of referring to the Claimant, as a tribunal of fact could reasonably conclude that the reference to 'IslamExpo' in the words complained of refers to the Claimant corporation, and the ambiguity is not resolved by the context of the hyperlinks.
- 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 / Interlocutory Application on Meaning/reference
- Outcome
- Application dismissed; words complained of are capable of referring to the Claimant.
- Legal Topics
- Reference in Defamation, Meaning of Words Complained of, Internet Publication Context, Hyperlinks as Context
Case Brief
Summary, issues, holding and outcome
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Parties
Islam Expo Ltd
Claimant
The Spectator (1828) Ltd
Defendant
Stephen Pollard
Defendant
Procedural Posture
Libel / Interlocutory Application on Meaning/reference
Legal Issues
- 1 Whether the words complained of are capable of referring to the Claimant
- 2 Whether hyperlinks form part of the context for meaning in internet publications
Ratio Decidendi
The words complained of are capable of referring to the Claimant, as a tribunal of fact could reasonably conclude that the reference to 'IslamExpo' in the words complained of refers to the Claimant corporation, and the ambiguity is not resolved by the context of the hyperlinks.
Court Disposition
Application dismissed; words complained of are capable of referring to the Claimant.
Orders
- The action may proceed on the basis that the words complained of are capable of referring to the Claimant.
Full Case Text
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