Jack Aaronson aka Dominic Ford v Marcus Stones aka Mickey Taylor
[2023] EWHC 2399 (KB)
William Hay v Nina Cresswell
26 April 2023
[2023] EWHC 882 (KB)
High Court
Someone sued for being accused of rape. The judge believed the accuser's story because it was mostly true, and also because it was important to talk about sexual assault in the tattoo industry to keep women safe.
Key Facts
- •Mr. Hay (Claimant) sued Ms. Cresswell (Defendant) for libel over allegations of sexual assault published in June and July 2020.
- •Ms. Cresswell alleged a violent sexual assault by Mr. Hay on May 27-28, 2010.
- •The publications included a blog, Facebook messages, an email, and Instagram posts.
- •Ms. Cresswell defended on grounds of truth and/or publication on a matter of public interest, and to a limited extent, qualified privilege.
- •The central issue was whether Ms. Cresswell proved the sexual assault by Mr. Hay.
- •The court heard evidence from both parties and several witnesses.
Legal Principles
A statement is defamatory if it adversely affects the claimant's reputation.
Thornton v Telegraph Media Group Ltd [2010] EWHC 1414 (QB)
The court determines the single natural and ordinary meaning of defamatory words.
Koutsogiannis v The Random House Group Ltd [2020] 4 WLR 25
A statement is not defamatory unless its publication caused serious harm to the claimant's reputation.
Defamation Act 2013, Section 1
The defence of truth is made out if the defamatory imputation is substantially true.
Defamation Act 2013, Section 2(1)
The defence of publication on a matter of public interest requires the statement to be on a matter of public interest and the defendant to reasonably believe publication was in the public interest.
Defamation Act 2013, Section 4
The Reynolds defence is abolished.
Defamation Act 2013, Section 4(6)
Qualified privilege protects publications made on a duty to communicate and a corresponding interest to receive.
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Outcomes
The claim failed.
The court found that the defendant had proved the substantial truth of the sexual assault allegation and also satisfied the public interest defence.