MR JUSTICE WARBY
Approved Judgment
Monroe v Hopkins [2017] EWHC 433 (QB)
72.
As to the “torrent” point, there is a factual dispute as to whether the claimant in fact
suffered “vile and abusive comments” as a result of the tweets complained of. The
assertion was made in her solicitors’ correspondence that she had, that this had
included death threats, and that this was apparent if one looked online. The
defendant’s case is that these claims were false, and that there is “no other evidence of
serious harm”. In response, some details have been given in further information.
There are some unsatisfactory aspects to Ms Monroe’s evidence on this point. The
tweets themselves have for the most part been deleted, by means of an automatic
deletion app which she installed one night but then seems to have forgotten about for
a while. We have ended up with a selection of abusive tweets. Some of these clearly
do not arise from the matter complained of. Others seem unlikely to do so. Generally,
causation is problematic.
73.
I do not think it safe to rely on much of this evidence. But there are a few tweets set
out in the Further Information that are consistent with the overall case advanced. And
I do accept what Ms Monroe said in her oral evidence, that there was further abuse
that appeared to her to result from what had been said. I accept that there was in fact
such an impact, and that it was substantial. “Torrent” is a noun, used metaphorically
here. It may be colourful, and may tend to overstate what happened. But it is not an
invention and nor is it in my judgment a serious distortion.
74.
In all the circumstances and for the reasons I have given, whilst the claimant may not
have proved that her reputation suffered gravely, I am satisfied that she has
established that the publications complained of caused serious harm to her reputation,
and met the threshold set by s 1 of the 2013 Act.
Remedies
Damages
75.
A person who proves they have been libelled is entitled to recover a sum in damages
that is enough to compensate for the wrong suffered. The heads of compensation, and
the key factors, were identified by Sir Thomas Bingham MR in John v MGN Ltd
[1997] QB 586, 607-608 (the numbers and letters are added by me):
“That sum must [1] compensate him for the damage to his
reputation; [2] vindicate his good name; and [3] take account of
the distress, hurt and humiliation which the defamatory
publication has caused. In assessing the appropriate damages
for injury to reputation the most important factor is [a] the
gravity of the libel; …. [b] The extent of publication … [c] A
successful plaintiff may properly look to an award of damages
to vindicate his reputation … [and] [d] compensatory damages
may and should compensate for additional injury caused to the
plaintiff's feelings by the defendant's conduct of the action, as
when he persists in an unfounded assertion that the publication
was true, or refuses to apologise, or cross-examines the plaintiff
in a wounding or insulting way. Although the plaintiff has been
referred to as "he" all this of course applies to women just as
much as men.”
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