KB-2024-002315 - [2025] EWHC 1782 (KB)

On 21 April 2023, a journalist from the Daily Mail newspaper emailed the defendant and referred to the tweets set out above, and other tweets said to have been posted by the claimant. The journalist said that he was “writing a story for our website and tomorrow’s newspaper about Martin Whyte, deputy co-chair of the BMA JDC – supposedly responsible for conduct and ethics…” [ellipses in original]. He asked if the defendant or the claimant would like to comment.

Mr Beales called the claimant. The claimant confirmed that the Daily Mail was referencing his Twitter account, but that he did not remember posting the particular messages that had been quoted. Mr Beales then arranged for the defendant’s media team to research the claimant’s tweets. They did so, and within a matter of minutes they located the tweets that had been quoted by the Daily Mail. There was a recognition that the full context for each tweet was not clear, and that the claimant might have been mocking a previous commentator’s post rather than posting “out of the blue”. However, it was suggested that this would involve “a leap of faith”.

The claimant sent a message to Dr Laurenson in which he said “I have utterly fucked this.” He also said that he felt like he was being “hung out to dry” but that he recognised that the defendant had to “do what [it had] to do.”

Mr Beales spoke to the claimant again and indicated that a recommendation would be made that he be suspended from the defendant pending an investigation. Whilst this was happening, an executive meeting was taking place of the defendant’s junior doctors committee. After reviewing the tweets that had been sent by the claimant, he was asked to resign. He did so by an email at 12.03pm.

Later that day, the defendant’s junior doctors committee sent this email to its 61,146 junior doctor members (“the email”):

“We unfortunately have distressing information to share.

Today we have discovered that a UK Junior Doctors Committee officer has made deeply troubling comments online that are anti-Semitic.

There is absolutely no place in the BMA for anti-Semitism.

The comments in question were made by Dr Whyte, who had until today been an officer of the UK Junior Doctors Committee. This was totally unacceptable.

We were not aware of these comments, nor of any anti-Semitic views. Any form of anti-Semitism is inexcusable. We strive to be a tolerant, diverse and progressive organisation. We want to assure members that we treat anti-Semitism and all forms of prejudice and discrimination with the utmost seriousness.

As soon as this information came to light, Dr Whyte was immediately removed from all BMA activities and has subsequently resigned from the UK JDC.

As such, he is no longer involved with any BMA work or communications.

For anyone that may need support regarding this, please contact the BMA counselling and support line which is available 24/7 on [telephone number given].

UK Junior Doctors Committee Officers”

This is the published statement on which the claimant sues. The parties agree that it amounts to an expression of opinion, and that it bears the following meaning which is defamatory of the claimant at common law:

“(a)

The Claimant had posted comments online that were deeply troubling and anti-semitic.

(b)

His comments were unacceptable, prejudicial, discriminatory, and incompatible with holding office for the BMA.”