guesting on has a working title of `Omen Habet Montem’ – Latin for “Ominous Mountain”! The song – and album – is epic and powered by some of the best musicianship you’ll ever hear”. Relevant background about the Labour party 24. It was common ground between the parties that there had been in the period leading up to 14 April 2017 many stories about anti-Semitism in the Labour party, and a particular issue about the Labour party’s approach and disciplinary response to remarks made by the former Mayor of London Ken Livingstone about whether Hitler had ever been a Zionist. On 4 April 2017 Labour’s National Constitutional Committee had held that Mr Livingstone had brought the party into disrepute. Common ground about the Nazis 25. In the Particulars of Claim at paragraphs 4.1 to 4.4 as admitted in paragraph 5 of the Defence, and in paragraphs 7(a), (b) and (c) of the defence as agreed in the evidence, it was common ground between the parties that the Nazis were uniquely evil, explicitly anti-Semitic and racist, and responsible for the Holocaust. The report to Mr Newton Dunn 26. On Wednesday 12 April 2017 Mr Newton Dunn received a tweeted message from a source. Mr Newton Dunn described the source as a Labour councillor who had provided him with some stories in the past. Mr Newton Dunn said it was apparent that the source was not a supporter of Mr Burgon. 27. Mr Newton Dunn copied the tweet into an email and forwarded it to himself at 1508 hours. The relevant text said: “Hi Tom … It’s not exactly Watergate but amusing little story involving Richard Burgon. He has this band and the band likes a bit of Nazi iconography”. A link to Mr Burgon’s Facebook post about his song with the band was provided, together with a link to the tweeted Dream Troll image. The production of the online and hard copy article 28. Mr Newton Dunn said, in paragraph 6 of his witness statement, that when he looked “at the picture … it seemed to me it was using Nazi iconography. I thought this called into question the Claimant’s judgment”. Mr Newton Dunn said when he saw the Dream Troll image he did not make any connection to the Black Sabbath album cover. It is apparent and I find that Mr Newton Dunn had no interest in heavy metal bands and was not aware of the Black Sabbath album cover. I accept his evidence that he did not immediately make any connection to the Black Sabbath album cover, notwithstanding the hashtag Black Sabbath on the tweet of the Dream Troll image. 29. Mr Newton Dunn said that the next day, which was Thursday 13 April 2017, Guido Fawkes, a political website, published a headline “Dream Troll. Labour MP to perform with power metal band”. There was then an image (which it is not possible to see in the trial bundle) and Mr Burgon’s Facebook post was set out. It does not appear from the evidence that Mr Newton Dunn took any active steps in relation to the proposed story about Mr Burgon on Thursday 13 April 2017.