MR JUSTICE WARBY
Approved Judgment
Monroe v Hopkins [2017] EWHC 433 (QB)
Serious harm
63.
The evidence has convinced me that Ms Monroe was very upset by the First and
Second Tweets. This is apparent from her angry reaction to the First Tweet. Some of
what she tweeted afterwards to her own followers could be read as making light of
what had been said, and as mocking Ms Hopkins and revelling in the prospect of
suing her. But the case for the defence, that this was the true overall picture, is not
made out. People can react in a variety of ways when wounded. This individual, in
this situation, wrote some things that turned out to be unhelpful to her case in this
action. But they were written in the heat of the moment. Generally speaking, I accept
Ms Monroe’s evidence about how things were for her that evening.
64.
Her initial reaction was to be “completely horrified, both that people would think that
I had vandalised a war memorial, and at the incoming storm that would be heading
my way from the many people I believed would accept that what the Defendant had
said was true.” Ms Monroe thought the accusation was being targeted at her
personally. Believing Ms Hopkins had a massive following on Twitter she anticipated
that she would start to receive abuse as a result. Ms Monroe’s evidence is that she
received abusive tweets from people who had read those complained of. I shall come
back to the evidence about the “torrent of abuse”, which is hotly disputed. But I
accept her evidence that she felt anxious and upset, and had difficulty sleeping.
65.
I also accept the claimant’s evidence about her reaction to the Second Tweet, and her
feelings at the way that Ms Hopkins has behaved since publication, and how she has
conducted the defence of the proceedings. Ms Monroe found it very upsetting and
frustrating that rather than say the First Tweet had been false and express some regret
about posting it, she just “switched her line of attack” and made what Ms Monroe saw
as a “deliberate call to arms”. There has been no apology, and I accept that this has
allowed the claimant’s injured feelings to remain raw.
66.
It is said that Ms Hopkins acted maliciously in sending the Second Tweet, knowing it
was untrue to suggest that Ms Monroe had vandalised or condoned the vandalisation
of a war memorial. I do not know what Ms Hopkins’ actual state of mind was, as she
has not given evidence, nor has she explained her position otherwise than through her
lawyers. If she had done so, and persuasively rebutted what Ms Monroe says about
these matters, I might have disregarded this part of the claimant’s evidence. But in the
absence of any rebuttal I conclude that Ms Monroe’s response was and remains a
reasonable one. I remain of the view I expressed in Barron v Vines [2016] EWHC
1226 (QB) [22], that when malice is alleged in aggravation of damages,
“… the issue is not the actual state of mind of the defendant. It
is whether the claimants have suffered additional injury to
feelings as a result of the defendant’s outward behaviour. If the
defendant has behaved in a way which leads the claimants
reasonably to believe he acted maliciously that is enough.”
67.
All of this, however, is about injury to feelings, and the issue I have to address at this
stage is whether serious harm to reputation has been proved. As Dingemans J noted
in Sobrinho v Impresa Publishing SA [2016] EWHC 66 (QB), [2016] EMLR 12 [46],
unless serious harm to reputation can be established an injury to feelings alone,
however grave, will not be sufficient.
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