but did not have the hashtag Black Sabbath above the top left hand corner of the black square. 5. I should as a matter of fairness to Mr Burgon make it clear that it was common ground at trial that News Group and Mr Newton Dunn did not believe that Mr Burgon was a Nazi or that there were any grounds to believe that Mr Burgon was a Nazi. I should also as a matter of fairness to News Group and Mr Newton Dunn make it clear that the evidence showed that Mr Newton Dunn was a very experienced political editor who contributed articles both to the Sun website and to the Sun newspaper. Issues 6. It is apparent from the written and oral submissions that the following issues arise in respect of the respective causes of action. 7. The issues in respect of the claim in libel are: (a) the meaning of the online article; (b) whether publication of the words caused or was likely to cause serious harm; (c) whether the publication was true; (d) whether the publication was honest opinion; (e) whether the publication was publication on a matter of public interest; (f) what, if any, remedy ought to be ordered. 8. The issues in respect of the claim for malicious falsehood are: (a) whether the words were false; (b) whether Mr Newton Dunn acted with malice; (c) whether publication was calculated to cause pecuniary damage to Mr Burgon; (d) what, if any, remedy ought to be ordered. 9. The issues in respect of the claim for breach of statutory duty under the DPA are: (a) whether the claim adds to the claims for libel and malicious falsehood; (b) whether News Group complied with the first, second and fourth data protection principles; (c) whether there is a defence under section 32 of the Act; (d) whether Mr Burgon suffered distress as a result of the publication of the online article; (e) what, if any, remedy ought to be ordered. Evidence 10. There were witness statements on behalf of Mr Burgon from: Mr Burgon who made two witness statements; Matthew John Baldwinson (“Mr Baldwinson”) who was a band member of Dream Troll and a friend of Mr Burgon; and Russell John Fraser (“Mr Fraser”) a barrister who was working as Mr Burgon’s political adviser at the material time. Mr Burgon gave oral evidence and the statements from Mr Baldwinson and Mr Fraser were agreed. There were witness statements on behalf of News Group and Mr Newton Dunn from: Mr Newton Dunn; and Harry Tenwick (“Mr Tenwick”) who was a digital analyst working for News Group. Mr Newton Dunn gave oral evidence and the statement from Mr Tenwick was agreed. 11. A procedural point arose before the start of the evidence. It appeared that on Monday 21 January 2019 (with the trial starting on Wednesday 23 January 2019) RPC, solicitors for the defendants, wrote to Carter-Ruck disclosing “the below documents by way of supplemental disclosure, and propose that they are added to Bundle D”.

Select target paragraph3