The High Court (Nicklin J) has determined meaning following a preliminary issue trial in a libel claim brought by comedian Paul Currie against the Soho Theatre Company. The hearing took place on Thursday, 3 April 2025.
Mr Currie’s claim concerns a press statement published by the Soho Theatre Company following events which took place at the conclusion of a performance by Mr Currie of his show, entitled “Shtoom”, which is entirely non-verbal, at Soho Theatre on 10 February 2024. The Court heard argument on three preliminary issues: (i) the natural and ordinary and/or inferential meaning of the statement complained of; (ii) whether the statement complained of is (or includes) a statement of fact or opinion; and (iii) insofar as the statement comprises or includes a statement of opinion, it indicated the basis of the opinion.
Nicklin J gave an ex tempore judgment immediately following submissions. He found that the natural and ordinary meaning of the press statement was as follows:
Following the end of the Claimant’s show, the Claimant had verbally abused Jewish members of the audience and aggressively demanded that they leave the theatre, and there were grounds to investigate whether by so doing the Claimant had committed a criminal offence. This conduct was: (a) intimidating and antisemitic; (b) appalling and unacceptable; (c) inconsistent with the values of Soho Theatre and justified the theatre in refusing to allow the Claimant the opportunity to perform at the Soho Theatre in the future.
The first sentence was found to be statement of fact which is defamatory of the Claimant at common law. The second sentence was found to be a statement of opinion. It was common ground between the parties, and the Court found, that the statement of opinion did sufficiently indicate the basis on which the statement was made.
The hearing has been reported, including in the Evening Standard.
5RB’s David Hirst appeared for the Claimant, instructed by Rahman Lowe Solicitors.
5RB’s Gervase de Wilde appeared for the Defendant, instructed by Reynolds Porter Chamberlain LLP.