Firstly, the trial before Justice Nicklin was over a preliminary issue as to whether the article in issue was capable of being defamatory (this normal in defamation cases, as if the answer is no, the case ends there and then). That was the only issue being considered. Nicklin J ruled that it was capable of being defamatory.
In his judgement, in relation to the passages complained of by Prince Harry, Nicklin J held that: “The defamatory flavour is supplied by the criticism. Although I have found this criticism to be an expression of an opinion, it is nevertheless defamatory at common law”…
ANL has not presented their defence, actually. That happens in the actual trial, which hasn’t happened yet. You are correct though, they stated in their submissions that their defence will be honest opinion under the Defamation Act 2013. ANL intend to argue that the Mail on Sunday assistant editor was approaching the points in her piece as an “honest commentator”.
So this case is most definitely about the opinions expressed by ANL. Facts are involved in the case as well, as is almost always the case in defamation. But when you said Harry’s not based a lawsuit on opinions - well, he is in this case. As the judge explained in his judgment, the sting of the article is in the opinions expressed about Harry’s motivations here.
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