MR JUSTICE WARBY
Approved Judgment
Monroe v Hopkins [2017] EWHC 433 (QB)
An injunction?
81.
The First Tweet was a mistake. It was not fully retracted but there has been no attempt
to prove the truth of what was suggested. Ms Hopkins will realise, and no doubt be
advised, that to repeat the same message would be likely to result in a substantial
damages award. I do not consider that there is any evidence of a threat or risk of
repetition. There is no need for an injunction.
Summary of Conclusions
82.
My main conclusions are these. The First Tweet meant that Ms Monroe condoned
and approved of scrawling on war memorials, vandalising monuments
commemorating those who fought for her freedom. The Second Tweet meant that Ms
Monroe condoned and approved of the fact that in the course of an anti-government
protest there had been vandalisation by obscene graffiti of the women’s war memorial
in Whitehall, a monument to those who fought for her freedom. These are meanings
with a defamatory tendency, which were published to thousands. Their publication
not only caused Ms Monroe real and substantial distress, but also harm to her
reputation which was serious, albeit not “very serious” or “grave”. Ms Monroe is
entitled to fair and reasonable compensation, which I assess at £24,000. There is no
need for any injunction.
Observations
83.
This case has been about the particular tweets complained of by this claimant against
this defendant. It may have little wider significance. But I cannot leave it without
making two observations. The first is that the case could easily have been resolved at
an early stage. There was an open offer to settle for £5,000. It was a reasonable offer.
There could have been an offer of amends under the Defamation Act 1996. Such an
offer attracts a substantial discount: up to half if the offer is prompt and unqualified.
Such an offer would have meant the compensation would have been modest. The
costs would have been a fraction of those which I am sure these parties have incurred
in the event. Those costs have largely been incurred in contesting the issue of whether
a statement which on its face had a defamatory tendency had actually caused serious
harm.
84.
The second point is that there have been difficulties over disclosure especially on the
claimant’s side, of which others should take note. The deletion of the First Tweet, at
Ms Monroe’s request, meant the Twitter Analytics were unavailable. And Ms
Monroe’s Twitter records were extensively deleted. I am not able to attribute
responsibility for that on the basis of the evidence, and I do not. What I can say is
that this highlights in the Twitter context the responsibility of a litigant to retain and
preserve material that may become disclosable, and the responsibility of a solicitor to
take reasonable steps to ensure that the client appreciates this responsibility and
performs it.
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