The judge is to consider the range of meanings of words and decide if they are capable of having a defamatory meaning. Meaning is not a job for the jury: ‘In my judgment, the proper role for the judge, when adjudicating a question under Ord.82,r.3A, is to evaluate the words complained of and to delimit the range of meanings of which the words are reasonably capable, exercising his own judgment in the light of the principles laid down in the above authorities and without any Ord.18,r.19 overtones. If he decides that any pleaded meaning falls outside the permissible range, it is his duty to rule accordingly. It will, as is common ground, still be open to the plaintiff at the trial to rely on any lesser defamatory meanings within the permissible range but not on any meanings outside it. The whole purpose of the new rule is to enable the court in appropriate cases to fix in advance the ground rules on permissible meanings which are of such cardinal importance in defamation actions, not only for the purpose of assessing the degree of injury to the plaintiff’s reputation, but also for the purpose of evaluating any defences raised, in particular, justification or fair comment.’
Judges:
Hirst, Millett and Hutchison LJJ
Citations:
Times 10-Mar-1997, [1997] EWCA Civ 1107, [1997] EMLR 397, [1998] QB 520, [1998] 2 WLR 260
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Venables v Bose CA 10-Nov-1997
The appellant was respondent in a defamation action brought by Mr Venables. He appealed an interlocutory order striking out an alternative meaning proposed by the defendant for some of the words complained of.
Held: It was for the judge to . .
Cited – Kent County Council v The Mother, The Father, B (By Her Children’s Guardian); Re B (A Child) (Disclosure) FD 19-Mar-2004
The council had taken the applicant’s children into care alleging that the mother had harmed them. In the light of the subsequent cases casting doubt on such findings, the mother sought the return of her children. She applied now that the hearings . .
Lists of cited by and citing cases may be incomplete.
Defamation
Updated: 05 November 2022; Ref: scu.141503