King's / Queen's Bench Division of the High Court

KB-2025-000232 - [2025] EWHC 1784 (KB)

Fecha: 15-Jul-2025

Conclusions

Conclusions and consequential matters

126.

For the reasons I have explained at paras 83 – 91 above, the Claimant’s pleaded claim does not provide a basis for him to show that the words complained of in the YouTube video referred to him. In the alternative and even if it would be appropriate to take account of the contents of his “Claimant’s case for Trial of Preliminary Issues” document, the Claimant has failed to show that the words complained of in the YouTube video referred to him (paras 92 – 101 above).

127.

For the reasons I have explained at paras 110 – 124 above, the Claimant has failed to show that the Defendant caused or procured the publication of the England Athletics emails.

128.

It therefore follows that the claim in libel must be dismissed.

129.

As I indicated at the hearing, I will give the parties an opportunity to make concise written submissions on the way forward in relation to the remaining claims and any other consequential matters (in particular, costs and permission to appeal).

130.

As regards the Data Protection claims, it appears to follow that the part of the claim that relates to the England Athletics emails also falls to be dismissed, as I have found that the Defendant was not involved in their publication. However, I will not strike it out without giving the Claimant an opportunity to address this. I emphasise that this is not an opportunity to re-argue the conclusions that I have reached on publication. It is simply to give both parties a chance to address how these conclusions impact on the Data Protection aspect of the case. As regards the YouTube video, para 16 of the Particulars of Claim is less than clear as to how the Data Protection claim is put and as to what is relied upon. I also note that a Jameel abuse argument is raised as an alternative basis for striking out the Data Protection claim (para 94 of Mr Hughes’ Skeleton Argument).

131.

The false imprisonment claim is unaffected by the decisions I have made at this stage. However, there is an outstanding strike out application in respect of this claim, which Mr Hughes indicated would be pursued. It will therefore be necessary for the Court to make directions in relation to the hearing of that application. I anticipate that the Claimant will want an opportunity to respond in writing to the contentions raised at paras 81 – 87 of Mr Hughes’ Skeleton Argument before any hearing.

132.

As the Claimant is a litigant in person and the Defendant was only represented for the purposes of the Preliminary Issues Trial, I have not circulated a version of this judgment in draft. The Order accompanying the handed down judgment dismisses the libel claim and sets out a timetable giving the parties the opportunity to make sequential written submissions on the following matters:

Any costs application(s) arising from my judgment;

ii)

Any application for permission to appeal;

iii)

Whether the Data Protection claim regarding the England Athletics emails should be struck out at this stage on the basis that it is bound to fail in light of my decision on publication;

iv)

Whether the Data Protection claim is pursued in respect of the YouTube video and, if so, on what basis. If it is pursued, whether the Defendant still seeks to strike it out; and

Any observations they wish to provide on the directions to be made for the hearing of the Defendant’s strike out application in respect of the false imprisonment claim (and, if relevant, the Data Protection claim).

Appendix 1: Transcription of relevant sections of the YouTube Video.

[The speakers are the Defendant and Michelle Sojka. Words spoken by the Defendant are denoted by italics.

The times shown indicate where these passages appear in the video. The words in bold are those complained of in the Particulars of Claim]

10:55 Charlotte yep we saw him as as well um I can’t comment on stuff because we do have a

11:04 case with the police open against him um for harassment um yeah so I can’t go into

11:11 details with that but um yeah he was trying to follow us and

11:18 take pictures and the fact that he’s mentioned our kids in it now is going to take it a lot more serious so that’s all

11:25 I can say on that I’m afraid but yeah a bully He’s a bully

11:30 There’s a lot of people um have a lot of issues with him it’s not just our Channel um but yeah at the end of the

11:38 day you know when children come into it, the police will be all over it like a

11:44 rash yeah…But yeah these signs were everywhere even outside the Caravan Park