Preliminary ruling in Telegraph columnist’s libel claim against Essex Police

May 5, 2026 | By: Hermione Hill

 

In Pearson v Chief Constable of Essex Police & Anor [2026] EWHC 961 (KB) the Court determined preliminary issues in a libel claim brought by Daily Telegraph columnist Judith Allison Pearson against the Chief Constable of Essex Police and Roger Hirst (the Police, Fire and Crime Commissioner for Essex).

Background

The case arises from Essex Police’s investigation into a complaint about a social media (X/Twitter) post by Pearson, which led to officers visiting her home in November 2024 to arrange an interview. The matter concerned an alleged offence of inciting racial hatred (a “non-crime hate incident” in Pearson’s account). The investigation was later reviewed and closed with no further action.

In response to media and public interest in the visit, Essex Police published several press statements (on 13, 16, and 21 November 2024) on its website setting out its version of events. Roger Hirst also made related comments in media appearances (including on LBC and ConservativeHome). Pearson alleged that these statements and comments were defamatory of her and caused serious harm to her reputation.

The Claim and Preliminary Issue

The case came before Mr Justice Chamberlain for a preliminary issues hearing on the natural and ordinary meaning of the words complained of and whether they were defamatory.

This is a standard early-stage determination in libel claims, which helps define the scope of the action before trial on liability and defences.

The Court’s decision (24 April 2026)

Mr Justice Chamberlain ruled that certain statements by Essex Police and comments by Roger Hirst were capable of being defamatory at common law and carried the following factual meaning. Specifically:

  • The police statements conveyed that there were grounds to investigate a woman (identified in context as Pearson) at an address in Essex for an alleged offence of inciting racial hatred via a social media post.
  • The judge found that parts of the wording were capable of implying guilt or sufficient wrongdoing to warrant the investigation in a way that could damage reputation.

 

Comment

It is relatively unusual for libel claims to be brought against a police force, not least because of the potential availability of a public interest defence under section 4 of the Defamation Act 2013 and/or privilege issues, and the outcome of this claim has yet to be determined. However, the case serves as a useful reminder of the need to proceed cautiously when reporting on police investigations.

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