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22 February 2018
Issue: 7782 / Categories: Legal News
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Ex-wife loses appeal over defamatory Facebook comments

A divorcee has lost her appeal against a ruling that she posted defamatory comments about her ex-husband on his new partner’s Facebook page.

In Stocker v Stocker [2018] EWCA Civ 170, the Court of Appeal dismissed both main grounds of appeal. Delivering the main judgment, Lady Justice Sharp held, first, that the trial judge did not err when determining the meaning of the word ‘strangle’ in the comments.

Sharp LJ said that, while ‘the use of dictionaries does not form part of the process of determining the natural and ordinary meaning of words… no harm was done in this case… the judge’s ultimate reasoning, not dependent on dictionaries, was sound’. Second, she concluded that the ex-wife was responsible in law for publishing the comments, and the ‘fact that the “notice board” was an electronic, rather than a physical, one did not call for some fundamental realignment of the well-settled common law approach to this issue’.

 

Issue: 7782 / Categories: Legal News
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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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