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.

Sélectionner le paragraphe cible3

Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières