KB-2023-003636 - [2025] EWHC 2043 (KB)

The court must determine the single meaning that is conveyed by the publication to the hypothetical reasonable reader, and whether that meaning expresses a fact or opinion. The applicable principles are set out in Koutsogiannis v Random House [2019] EWHC 48 (QB); [2020] 4 WLR 25 per Nicklin J at [11] – [17].

The court must also determine whether the publication refers to the claimant. The same principles apply, that is whether the hypothetical reasonable reader would identify the claimant from the publication, save that for this purpose the reader is assumed to be acquainted with the claimant: Dyson Technology Ltd v Channel Four Television Corporation [2023] EWCA Civ 884; [2023] 4 WLR 67 per Warby LJ at [37].