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Tolstoy-Miloslavsky v Aldington: CA 27 Dec 1995

Solicitors who unreasonably commence proceedings may be subject to a wasted costs order, but there should be no award of costs against a solicitor solely because he acted without a fee. An award of costs should not be made against a solicitor who had acted for a client in a defamation action which was lost, … Continue reading Tolstoy-Miloslavsky v Aldington: CA 27 Dec 1995

Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999

Fair Coment on Political Activities The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the claimant’s status as a politician. Held: The appeal failed (Lords Hope … Continue reading Reynolds v Times Newspapers Ltd and others: HL 28 Oct 1999

King v Telegraph Group Ltd: CA 18 May 2004

The defendant appealed against interim costs orders made in the claim against it for defamation. Held: The general power of cost capping measures available to courts were available also in defamation proceedings. The claimant was being represented under a conditional fee agreement. The court considered that the amount of costs being incurred served to act … Continue reading King v Telegraph Group Ltd: CA 18 May 2004

Lincoln v Daniels: CA 1961

The defendant claimed absolute immunity in respect of communications sent by him to the Bar Council alleging professional misconduct by the plaintiff, a Queen’s Counsel. Held: Initial communications sent to the secretary of the Bar Council alleging professional misconduct by a barrister did not attract absolute privilege, since they were not yet a step in … Continue reading Lincoln v Daniels: CA 1961

English and Another v Hastie Publishing Ltd: 31 Jan 2002

The court should be reluctant to attach qualified privilege to ‘reportage’ in circumstances where Parliament, in enacting section 15 and Schedules 1 and 2 of the Defamation Act 1996, had not chosen to do so. Judges: Gray J Citations: [2002] All ER (D) 11 Statutes: Defamation Act 1996 Jurisdiction: England and Wales Cited by: Cited … Continue reading English and Another v Hastie Publishing Ltd: 31 Jan 2002

Uren v John Fairfax and Sons Pty Ltd: 2 Jun 1966

(High Court of Australia) ‘It seems to us that, in a case where there is no qualified privilege to report or repeat the defamatory statements of others, the whole cohesion of the law of defamation would be destroyed, if it were permissible merely to plead and prove that the defamatory statement was made by another; … Continue reading Uren v John Fairfax and Sons Pty Ltd: 2 Jun 1966

Collins v Brebner: CA 19 Jun 1997

The defendant solicitor appealed refusal of an order to strike out the claim. The claimant alleged breach of trust. The claimant asserted a fraudulent witholding of information to suggest that any breach of trust had happened. The defendant said that the claimant had sufficient knowledge independent of any concealment to begin the limitation period. Held: … Continue reading Collins v Brebner: CA 19 Jun 1997

Blake v Associated Newspapers Ltd: QBD 31 Jul 2003

The claimant, a former Anglican priest, sued in defamation. The defendant argued that the claim was non-justiciable since it would require the court to adjudicate on matters of faith and religious doctrine. Held: The claim could not be heard. Gray J said: ‘It is well established . . that the court will not venture into … Continue reading Blake v Associated Newspapers Ltd: QBD 31 Jul 2003

Mosley and Another v Focus Magazin Verlag Gmbh: CA 29 Jun 2001

The claimant appealed against summary dismissal of his claim in defamation. Judges: Pill, Thorpe, Mantell LJJ Citations: [2001] EWCA Civ 1030 Links: Bailii Statutes: Defamation Act 1996 8(2) Jurisdiction: England and Wales Cited by: Cited – Budu v The British Broadcasting Corporation QBD 23-Mar-2010 The defendant sought to strike out the claimant’s action in defamation. … Continue reading Mosley and Another v Focus Magazin Verlag Gmbh: CA 29 Jun 2001

Manoussakis and Others v Greece: ECHR 26 Sep 1996

Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (non-exhaustion); Violation of Art. 9; Non-pecuniary damage – finding of violation sufficient; Costs and expenses award – domestic proceedings; Costs and expenses award – Convention proceedings Citations: [1996] ECHR 41, 18748/91, (1997) 23 EHRR 387, 2 BHRC 110 Links: Worldlii, Bailii Jurisdiction: Human Rights Cited by: … Continue reading Manoussakis and Others v Greece: ECHR 26 Sep 1996

Shah and Another v Standard Chartered Bank: CA 2 Apr 1998

The plaintiffs appealed against refusal of orders striking out the defences of justification to their libel action. Held: The words complained of bore an accusation of money laundering. A plea of justification based upon a reasonable belief in the claimant’s criminality, could not be established by simply stating that publication had been a repetition of … Continue reading Shah and Another v Standard Chartered Bank: CA 2 Apr 1998

Lucasfilm Ltd and Others v Ainsworth and Another: SC 27 Jul 2011

The claimant had produced the Star War films which made use of props, in particular a ‘Stormtrooper’ helmet designed by the defendant. The defendant had then himself distributed models of the designs he had created. The appellant obtained judgment against the respondent in the US for punitive damages, but these had not been collected, and … Continue reading Lucasfilm Ltd and Others v Ainsworth and Another: SC 27 Jul 2011

Mahon and Another v Rahn and Others (1): CA 12 Jun 1997

Two company directors sued Swiss bankers who had responded to enquiries from the police in London. The charges which followed had been dismissed, and the directors sued in defamation, seeking to rely upon the materials sent to the police. Held: The appeal succeeded. There is no implied undertaking as to the use of disclosed documents … Continue reading Mahon and Another v Rahn and Others (1): CA 12 Jun 1997

Lloyds Bank Plc v Rogers and Another: CA 20 Dec 1996

An out of time claim for defamation was allowed after late disclosures by the defendant bank in the case. Citations: Times 24-Mar-1997, [1996] EWCA Civ 1277 Jurisdiction: England and Wales Citing: Appeal from – Lloyd’s Bank Plc v Rogers and Another QBD 11-Apr-1996 Claim may be added outside limitation period where based on same facts. … Continue reading Lloyds Bank Plc v Rogers and Another: CA 20 Dec 1996

Jones v Pollard, Mirror Group Newspapers Limited and Bailey: CA 12 Dec 1996

Articles in consecutive issues of The Sunday Mirror accused the plaintiff of pimping for the KGB, organising sex with prostitutes for visiting British businessmen and then blackmailing them. The defendants pleaded justification. The plaintiff conceded in evidence that he was a persistent womaniser, but denied procuring prostitutes, though a tape of a conversation with a … Continue reading Jones v Pollard, Mirror Group Newspapers Limited and Bailey: CA 12 Dec 1996

McDonald’s Corporation and Another v Steel and Morris: CA 17 Oct 1996

A trial judge’s decisions should not normally be set aside unless they constituted a denial of justice to one or other of the parties. Citations: Times 22-Nov-1996, [1996] EWCA Civ 755 Jurisdiction: England and Wales Citing: See Also – McDonald’s Corporation v Steel and Another CA 14-Apr-1994 Defence paragraphs alleging justification were to be struck … Continue reading McDonald’s Corporation and Another v Steel and Morris: CA 17 Oct 1996

Tsikata v Newspaper Publishing Plc: CA 30 Sep 1996

Judges: Simon Brown LJ Citations: [1996] EWCA Civ 618, [1997] 1 All ER 655, [1997] EMLR 117 Links: Bailii Statutes: Defamation Act 1952 Jurisdiction: England and Wales Citing: Appeal from – Tsikata v Newspaper Publishing Plc QBD 28-Oct-1994 Qualified privilege reporting statutory proceedings stays despite doubts on findings. Jonathan Sumption QC said: ‘Historically, qualified privilege … Continue reading Tsikata v Newspaper Publishing Plc: CA 30 Sep 1996

Jones v Vans Colina: CA 15 Aug 1996

An ex parte order allowing an action by a vexatious litigant is not appealable by the prospective defendant to the action permitted. Such a defendant to proceedings by a vexatious litigant against whom a civil proceedings order had been made was neither a party to the application for leave under section 42(3) nor was entitled … Continue reading Jones v Vans Colina: CA 15 Aug 1996

Loutchansky v Times Newspapers Ltd and others: QBD 12 Dec 2002

The court considered the possible affront to jurors in a defamation action when asked to decide some elements of an action, but not others. Judges: Gray J Citations: [2002] EWHC 2726 (QB), [2002] QB 321 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Loutchansky v Times Newspapers Ltd and others CA 23-Jan-2001 The … Continue reading Loutchansky v Times Newspapers Ltd and others: QBD 12 Dec 2002

Silcott v Commissioner of Police of the Metropolis: CA 24 May 1996

The claimant had been convicted of the murder of PC Blakelock. The only substantial evidence was in the form of the notes of interview he said were fabricated by senior officers. His eventual appeal on this basis was not resisted. He now appealed against the striking out of his actions for conspiracy to pervert the … Continue reading Silcott v Commissioner of Police of the Metropolis: CA 24 May 1996

Harrods Ltd v Harrodian School: CA 3 Apr 1996

No passing off was to be found to have been shown without the public believing that the plaintiff was responsible for the defendant’s services or goods. It was not enough to show only that the defendant was somehow ‘behind’ the defendant. Millet LJ said: ‘Passing off is a wrongful invasion of property vested in the … Continue reading Harrods Ltd v Harrodian School: CA 3 Apr 1996

Lancashire County Council v Municipal Mutual Insurance Ltd: CA 3 Apr 1996

The defendant agreed to indemnify the insured ‘in respect of all sums which the insured shall become legally liable to pay as compensation arising out of’ various matters including wrongful arrest, malicious prosecution and false imprisonment. The insurer contended that the use of the word ‘compensation’ excluded awards of exemplary damages. Held: The contention was … Continue reading Lancashire County Council v Municipal Mutual Insurance Ltd: CA 3 Apr 1996

Berkoff v Burchill and and Times Newspapers Limited: CA 31 Jul 1996

The plaintiff actor said that an article by the defendant labelling him ugly was defamatory. The defendant denied that the words were defamatory. Held: It is for the jury to decide in what context the words complained of were used and whether they were defamatory in those circumstances. An allegation that an actor was hideously … Continue reading Berkoff v Burchill and and Times Newspapers Limited: CA 31 Jul 1996

Mackenzie v Business Magazines (UK) Ltd and Others: CA 18 Jan 1996

Consent to amendment of defence wrongfully refused without finding of mala fides. Citations: Times 05-Mar-1996 Jurisdiction: England and Wales Cited by: Cited – Godfrey v Demon Internet Limited (2) QBD 23-Apr-1999 Evidence of Reputation Admissible but Limited The plaintiff had brought an action for damages for defamation. The defendant wished to amend its defence to … Continue reading Mackenzie v Business Magazines (UK) Ltd and Others: CA 18 Jan 1996

John v MGN Ltd: CA 12 Dec 1995

Defamation – Large Damages Awards MGN appealed as to the level of damages awarded against it namely pounds 350,000 damages, comprising pounds 75,000 compensatory damages and pounds 275,000 exemplary damages. The newspaper contended that as a matter of principle there is no scope in law for awarding exemplary damages, either generally or in the particular … Continue reading John v MGN Ltd: CA 12 Dec 1995

British Data Management Plc v Boxer Commercial Removals Plc and Another: CA 28 Feb 1996

A quia timet action in a defamation case must specify the precise words which are expected to be used. Citations: Times 28-Feb-1996, [1996] 3 All ER 707 Jurisdiction: England and Wales Cited by: Affirmed – Best v Charter Medical of England Ltd and Another CA 26-Oct-2001 The Civil Procedure Rules did not alter the previous … Continue reading British Data Management Plc v Boxer Commercial Removals Plc and Another: CA 28 Feb 1996

Ex parte Coventry Newspapers Ltd: CA 1993

Documents had been disclosed by the Police Complaints Authority under court order for an appeal against conviction. They related to an investigation of the conduct of police officers who had given evidence against the appellant. The newspaper, now being sued for libel by the same police officers, applied for the accused to be given leave … Continue reading Ex parte Coventry Newspapers Ltd: CA 1993

In re The Alexandros T: SC 6 Nov 2013

The parties had disputed insurance claims after the foundering of the Alexandros T. After allegations of misbehaviour by the underwriters, the parties had settled the claims in a Tomlin Order. Five years later, however, the shipowners began proceedings in Greece making substantially similar allegations and claims, but under the equivalent in Greek law. In response … Continue reading In re The Alexandros T: SC 6 Nov 2013

Shevill, Ixora Trading Inc., Chequepoint SARL and Chequepoint International Ltd v Presse Alliance SA: ECJ 7 Mar 1995

On a proper construction of the expression ‘place where the harmful event occurred’ in Article 5(3) of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters as amended by the Convention of 9 October 1978 on the accession of the Kingdom of Denmark, Ireland and the … Continue reading Shevill, Ixora Trading Inc., Chequepoint SARL and Chequepoint International Ltd v Presse Alliance SA: ECJ 7 Mar 1995

Livingstone v Rawyards Coal Co: HL 13 Feb 1880

Damages or removal of coal under land User damages were awarded for the unauthorised removal of coal from beneath the appellant’s land, even though the site was too small for the appellant to have mined the coal himself. The appellant was also awarded damages for the damage done to the houses on the surface. If … Continue reading Livingstone v Rawyards Coal Co: HL 13 Feb 1880

McGrath and Another v Dawkins and Others: QBD 30 Mar 2012

The claimant sued in defamation over postings in a review of a book on the Amazon web-site and otherwise. The court now heard interim applications. Held: Various elements of the claim were struck out as being without value or prospect of succes, leaving only a request for an injunction aainst the fourth defendant. Judges: Moloney … Continue reading McGrath and Another v Dawkins and Others: QBD 30 Mar 2012

Marrinan v Vibert: CA 2 Jan 1963

A tortious conspiracy was alleged in the conduct of a civil action. The plaintiff appealed against rejection of his claim. Held: The appeal failed as an attempt to circumvent the immunity of a wirness in defamation by framing a claim in conspiracy. Sellers LJ considered whether a complaint was privileged: ‘Whatever form of action is … Continue reading Marrinan v Vibert: CA 2 Jan 1963

McKeown v British Horseracing Authority: QBD 12 Mar 2010

The jockey claimant challenged disciplinary proceedings brought against him by the defendant authority. Held: The findings were upheld in part but remitted for consideration of giving the claimant opportunity to challenge certain evidence. Citations: [2010] EWHC 508 (QB) Links: Bailii Jurisdiction: England and Wales Citing: Cited – Nagle v Fielden CA 1966 The applicant, a … Continue reading McKeown v British Horseracing Authority: QBD 12 Mar 2010

Barron and Others v Collins: QBD 6 Feb 2017

Three MPs had sued in defamation after the defendant had wrongly accused them of knowing of the sexual exploitation of children in Rotherham without doing anything about it. Liability now being established, the court set out to assess the damages payable under an offer of amends. Held: The court set starting points of pounds 10,000 … Continue reading Barron and Others v Collins: QBD 6 Feb 2017

Kordowski v Hudson: QBD 21 Oct 2011

The claimant alleged that the defendant, the chief executive of the Law Society had slandered him in a conversation with another senior lawyer. The claimant now sought summary judgment against the claimant, saying that the defence had no realistic prospect of success. Held: The claim was dismissed as an abuse. Whilst the alleged libel was … Continue reading Kordowski v Hudson: QBD 21 Oct 2011

Caplin v Associated Newspapers Ltd: QBD 20 Jun 2011

The defendant sought clarification through the court as to the meanings inherent in the words complained of. Held: The application failed. ‘I do not consider the ordinary reasonable reader would be perverse to conclude that the suspicions arguably raised in the headlines are not dispelled by the text of the article itself; and I have … Continue reading Caplin v Associated Newspapers Ltd: QBD 20 Jun 2011

Khader v Aziz and Another: QBD 31 Jul 2009

The defendant sought to strike out a claim in defamation. Acting on behalf of his client the solicitor defendant was said to have called a journalist and defamed the claimant. The words were denied. Held: Assuming (which was denied) that the allegations made by the claimant were true as to what had happened, the claimant … Continue reading Khader v Aziz and Another: QBD 31 Jul 2009

Evans v Granada Television: CA 1996

In a defamation action, it is open to the defendant to justify the imputation by establishing that there were reasonable grounds to suspect the plaintiff from an objective point of view.Stuart-Smith LJ said: ‘But the jury are concerned with whether there are reasonable grounds to suspect the plaintiff from an objective point of view. When … Continue reading Evans v Granada Television: CA 1996

Stern v Piper and Others: CA 21 May 1996

The defendant newspaper said that allegations had been made against the plaintiff that he was not paying his debts. In their defence they pleaded justification and the fact that he was being sued for debt. Held: A defamation was not to be justified in respect of extracts from affirmations in pending lawsuits. The court applied … Continue reading Stern v Piper and Others: CA 21 May 1996

Harmon CFEM Facades (UK) Limited v The Corporate Officer of The House of Commons: TCC 28 Oct 1999

The claimant said that the respondent had awarded a contract for works at the House of Commons disregarding its obligations under European law as regards open tendering. Citations: [1999] EWHC Technology 199, 1996 ORB No 1151, (1999) 67 Con LR 1 Links: Bailii Statutes: Public Works Contracts Regulations 1991 Jurisdiction: England and Wales Citing: Cited … Continue reading Harmon CFEM Facades (UK) Limited v The Corporate Officer of The House of Commons: TCC 28 Oct 1999

McElhinney v Ireland; Al-Adsani v United Kingdom; Fogarty v United Kingdom: ECHR 21 Nov 2001

Grand Chamber – The first applicant said he had been injured by a shot fired by a British soldier who had been carried for two miles into the Republic of Ireland, clinging to the applicant’s vehicle following an incident at a checkpoint. Held: Rules granting the State immunities, did not infringe the applicants’ right to … Continue reading McElhinney v Ireland; Al-Adsani v United Kingdom; Fogarty v United Kingdom: ECHR 21 Nov 2001

Regina v Bartle and The Commissioner Of Police For The Metropolis and Others Ex Parte Pinochet Ugarte, Regina v Evans and Another and The Commissioner of Police For The Metropolis and Others (No 1): HL 22 Nov 1998

The government of Spain had issued an arrest warrant and application for extradition in respect of Pinochet Ugarte for his alleged crimes whilst president of Chile. He was arrested in England. He pleaded that he had immunity from prosecution. Held: A head of state’s immunity from prosecution extends only to official acts performed in exercise … Continue reading Regina v Bartle and The Commissioner Of Police For The Metropolis and Others Ex Parte Pinochet Ugarte, Regina v Evans and Another and The Commissioner of Police For The Metropolis and Others (No 1): HL 22 Nov 1998

Charman v Orion Publishing Group Ltd and others: QBD 14 Oct 2005

The court decided the issue of what meaning the words complained of would have been understood to bear. The ordinary reader of an article may well not think in legalistic terms such as ‘strong grounds to suspect’ or ‘reasonable grounds to suspect’ when articulating his or her impression of the meaning conveyed by the words. … Continue reading Charman v Orion Publishing Group Ltd and others: QBD 14 Oct 2005

Brawley v Marczynski and Another: CA 21 Oct 2002

The defendants appealed an award of costs on an indemnity basis against them in the favour of a legally aided claimant. Held: Indemnity costs were often intended to indicate disapproval of a party’s behaviour in an action, and were awarded in several and discretionary circumstances. It was not an objection of principle to say that … Continue reading Brawley v Marczynski and Another: CA 21 Oct 2002

Kennedy v The Charity Commission: SC 26 Mar 2014

The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014

Charman v Orion Group Publishing Group Ltd and others: CA 10 Oct 2007

Judges: Ward, Sedley, Hooper LJJ Citations: [2007] EWCA Civ 972, [2008] 1 All ER 750 Links: Bailii Jurisdiction: England and Wales Citing: Appeal from – Charman v Orion Publishing Group Ltd and others QBD 13-Jul-2006 The claimant police officer sought damages from the defendants who had published a book alleging that he had been corrupt. … Continue reading Charman v Orion Group Publishing Group Ltd and others: CA 10 Oct 2007

Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011

The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011

Bradley and Others, Regina (on the Application of) v Secretary of State for Work and Pensions: Admn 21 Feb 2007

The claimant had lost his company pension and complained that the respondent had refused to follow the recommendation of the Parliamentary Commissioner for Administration that compensation should be paid. Held: The court should not rely on evidence given by the Ombudsman to a parliamentary select committee committee: ‘to allow the evidence of a witness to … Continue reading Bradley and Others, Regina (on the Application of) v Secretary of State for Work and Pensions: Admn 21 Feb 2007

Turner v News Group Newspapers Ltd and Another: CA 16 May 2006

Dispute as to quantification of damages for libel. An offer of amends had been made, but the parties could not agree the sum payable. Judges: Pill LJ, Keene LJ, Moses LJ Citations: [2006] EWCA Civ 540, [2006] 1 WLR 3469, [2006] EMLR 703, [2006] 4 All ER 613 Links: Bailii Statutes: Defamation Act 1996 3(5) … Continue reading Turner v News Group Newspapers Ltd and Another: CA 16 May 2006

Best v Charter Medical of England Ltd and Another: CA 26 Oct 2001

The Civil Procedure Rules did not alter the previous practice in defamation actions, that the words to be relied upon should be pleaded in detail, save only in exceptional circumstances. The case had been properly struck out, as disclosing no reasonable cause of action, where the claimant had failed to establish the words used. Judges: … Continue reading Best v Charter Medical of England Ltd and Another: CA 26 Oct 2001

Vodafone Group Plc v Orange Personal Communications Services Ltd: ChD 1997

The court examined the development of the law in relation to comparative advertising. Jacob J said: ‘Prior to the coming into force of the Trade Marks Act 1994 comparative advertising using a registered trade mark of a competitor was, subject to minor exceptions involving the use of a company name, forbidden by section 4(1) of … Continue reading Vodafone Group Plc v Orange Personal Communications Services Ltd: ChD 1997

Drummond-Jackson v British Medical Association: CA 1970

The court considered whether an article published in the British Medical Journal was capable of bearing a meaning defamatory of the plaintiff dentist. The article made an attack upon the plaintiff’s technique for anaesthesia. Held: Words may be defamatory of a professional person if they impute a lack of knowledge, judgment, efficiency or competence in … Continue reading Drummond-Jackson v British Medical Association: CA 1970

PNM v Times Newspapers Ltd and Others: SC 19 Jul 2017

No anonymity for investigation suspect The claimant had been investigated on an allegation of historic sexual abuse. He had never been charged, but the investigation had continued with others being convicted in a high profile case. He appealed from refusal of orders restricting publication of his name and involvement in the inquiry. Held: (Kerr and … Continue reading PNM v Times Newspapers Ltd and Others: SC 19 Jul 2017

Jameel and Another v Times Newspapers Limited: CA 21 Jul 2004

The defendant had published a newspaper article linking the claimant to terrorist activity. The defendants argued that no full accusation was made, but only that the claimant was under investigation for such behaviour, and that the article had qualified privilege. Held: ‘The repetition rule, in essence, prevents a defendant from hiding behind the fact that … Continue reading Jameel and Another v Times Newspapers Limited: CA 21 Jul 2004

Wainwright and another v Home Office: HL 16 Oct 2003

The claimant and her son sought to visit her other son in Leeds Prison. He was suspected of involvement in drugs, and therefore she was subjected to strip searches. There was no statutory support for the search. The son’s penis had been touched which was a battery. Held: The policy considerations which limit the heads … Continue reading Wainwright and another v Home Office: HL 16 Oct 2003

Al-Fagih v H H Saudi Research and Marketing (UK) Ltd: CA 1 Nov 2001

The media’s right to freedom of expression, particularly in the field of political discussion ‘is of a higher order’ than ‘the right of an individual to his good reputation.’ The majority upheld an appeal against a trial judge’s ruling that the publication in question was not within the protection of Reynolds privilege. ‘Reportage’ is ‘a … Continue reading Al-Fagih v H H Saudi Research and Marketing (UK) Ltd: CA 1 Nov 2001

Steedman, Clohosy, Smith, Kiernan, Newman, Creevy, Anderson v The British Broadcasting Corporation: CA 23 Oct 2001

The claimants had issued defamation proceedings. The defendant said they were out of time, having begun the action more than one year after the alleged publication, but accepted that they had not been prejudiced in their defence. The court refused to extend the period. The lack of prejudice to the defendant was not in itself … Continue reading Steedman, Clohosy, Smith, Kiernan, Newman, Creevy, Anderson v The British Broadcasting Corporation: CA 23 Oct 2001

Cable and Wireless plc v British Telecommunications plc: ChD 1998

The court set out the applicable legal principles in trade mark infringement. The court considered the elements necessary to establish a defence under s10(6): The primary objective of section 10(6) of the 1996 Act is to permit comparative advertising . . As long as the use of a competitor’s mark is honest, there is nothing … Continue reading Cable and Wireless plc v British Telecommunications plc: ChD 1998

Grovit and others v Doctor and others: HL 24 Apr 1997

The plaintiff began a defamation action against seven defendants. Each had admitted publication but pleaded justification. The claims against the fourth to seventh defendants were dismissed by consent, and the third had gone into liquidation. The remaining two defendants, acting in person, applied for the action to be struck-out for want of prosecution. The plaintiff’s … Continue reading Grovit and others v Doctor and others: HL 24 Apr 1997

United Pan-Europe Communications N V v Deutsche Bank Ag: CA 19 May 2000

The claimant sought to prevent the misuse of what it said was its confidential information, identifying it by reference to specific documents in which it was said to be recorded. Held: That was a sufficient description because the defendant had ‘each of the documents in its possession and can see for itself what [the claimant] … Continue reading United Pan-Europe Communications N V v Deutsche Bank Ag: CA 19 May 2000

Johnson v Gore Wood and Co (a Firm): CA 12 Nov 1998

The claimant had previously issued a claim against the defendant solicitors through his company. He now sought to pursue a claim in his own name. It was resisted as an abuse of process, and on the basis that no personal duty of care was owed to the claimant. The defendants appealed orders against them. They … Continue reading Johnson v Gore Wood and Co (a Firm): CA 12 Nov 1998

Mothew (T/a Stapley and Co) v Bristol and West Building Society: CA 24 Jul 1996

The solicitor, acting in a land purchase transaction for his lay client and the plaintiff, had unwittingly misled the claimant by telling the claimant that the purchasers were providing the balance of the purchase price themselves without recourse to further borrowing when he knew that they were using an overdraft to obtain further funding. The … Continue reading Mothew (T/a Stapley and Co) v Bristol and West Building Society: CA 24 Jul 1996

McKnight (Inspector of Taxes) v Sheppard: HL 18 Jun 1999

The taxpayer sought to set off against tax some pounds 200,000 spent defending professional disciplinary proceedings. The House was asked whether this was ‘money wholly and exclusively laid out or expended for the purposes of the trade.’ Held: Where legal costs had been incurred in the defence of professional misconduct proceedings in order to protect … Continue reading McKnight (Inspector of Taxes) v Sheppard: HL 18 Jun 1999

C v Mirror Group Newspapers and Others: CA 21 Jun 1996

Husband and wife were involved in a custody dispute. The father made serious but false allegations to the press. She now claimed in defamation, but he relied upon limitation. She said the facts had only become known to her much later. Held: ‘Facts relevant to cause’ referred to those facts necessary to be pleaded but … Continue reading C v Mirror Group Newspapers and Others: CA 21 Jun 1996

Core Issues Trust v Transport for London: Admn 22 Mar 2013

The claimant sought judicial review of the decision made by TfL not to allow an advertisement on behalf of the Trust to appear on the outside of its buses. It was to read: ‘NOT GAY! EX-GAY, POST-GAY AND PROUD. GET OVER IT!’. The decision was said to be based on the resondent’s policies. The respondent … Continue reading Core Issues Trust v Transport for London: Admn 22 Mar 2013

Mersey Care NHS Trust v Ackroyd: CA 21 Feb 2007

The defendant journalist had published confidential material obtained from the claimant’s secure hospital at Ashworth. The hospital now appealed against the refusal of an order for him to to disclose his source. Held: The appeal failed. Given that over 200 people may have been the source, the claimant’s argument based on the burden on fellow … Continue reading Mersey Care NHS Trust v Ackroyd: CA 21 Feb 2007

In re Z (A Minor) (Identification: Restrictions on Publication): CA 31 Jul 1995

The court was asked whether the daughter of Cecil Parkinson and Sarah Keays should be permitted to take part in a television programme about the specialist help she was receiving for her special educational needs. Held: The court refused to vary an injunction against publication of any details with regard to a particular child. This … Continue reading In re Z (A Minor) (Identification: Restrictions on Publication): CA 31 Jul 1995

Evans v London Hospital Medical College and Others: 1981

The defendants employed by the first defendant carried out a post mortem on the plaintiff’s infant son. They found concentrations of morphine and told the police. The plaintiff was charged with the murder of her son. After further investigation no evidence was offered and she was acquitted. She claimed damages for negligence against the defendants … Continue reading Evans v London Hospital Medical College and Others: 1981

Milne v Telegraph Ltd: QBD 2001

The defendant requested entry of summary judgment against itself under section 8(3) to limit the maximum damages to andpound;10,000. If it went to trial the defendant might argue qualified privilege. To have jurisdiction it had to appear to the court that ‘there is no defence to the claim that has a realistic prospect of success, … Continue reading Milne v Telegraph Ltd: QBD 2001

Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others: HL 14 Jun 2006

The claimants said that they had been tortured by Saudi police when arrested on false charges. They sought damages, and appealed against an order denying jurisdiction over the defendants. They said that the allegation of torture allowed an exception to state immunity. Held: The Kingdom’s appeal succeeded. The protection of state immunity was essentially a … Continue reading Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others: HL 14 Jun 2006

Waters v Sunday Pictorial Newspapers Ltd: CA 1961

The defendants published an article describing the plaintiff estate agent as ‘a notorious dodgy operator of London slum properties’. The article quoted statements by Lord Goddard CJ 8 years before describing the plaintiff’s estate agency as ‘a fraudulent business from beginning to end’. The defendants put forward a plea of justification stating that in the … Continue reading Waters v Sunday Pictorial Newspapers Ltd: CA 1961

AB v South West Water Services Ltd: CA 1993

Exemplary and aggravated damages were claimed in an action for nuisance arising out of the contamination of water by the defendant utility. Held: Sir Thomas Bingham MR said: ‘A defendant accused of crime may ordinarily be ordered (if convicted) to pay a financial penalty. In such a case he will enjoy the constitutional safeguards afforded … Continue reading AB v South West Water Services Ltd: CA 1993

Abu v MGN Ltd (Practice Note): QBD 2002

Eady J explained the background and legislative purpose of the 1996 Act provisions for offers of amends. Judges: Eady J Citations: [2002] EWHC 2345 (QB), [2003] 1 WLR 2201 Statutes: Defamation Act 1996 2 Cited by: Cited – Murray v Associated Newspapers Ltd QBD 15-Apr-2014 Application to read unilateral statement in satisfaction of defamation claim. … Continue reading Abu v MGN Ltd (Practice Note): QBD 2002

Thompson v Australian Capital Television Pty Ltd: 10 Dec 1996

High Court of Australia – Torts – Joint tortfeasors – Release – Effect of release of one joint tortfeasor on other joint tortfeasors – Effect on common law of s 11 of the Law Reform (Miscellaneous Provisions) Act 1955 (ACT) – Whether cause of action against joint tortfeasors one and indivisible. Defamation – Defences – … Continue reading Thompson v Australian Capital Television Pty Ltd: 10 Dec 1996

Corner House Research, Regina (on the Application of) v Secretary of State for Trade and Industry: CA 1 Mar 2005

The applicant sought to bring an action to challenge new rules on approval of export credit guarantees. The company was non-profit and founded to support investigation of bribery. It had applied for a protected costs order to support the application, and now appealed its refusal. Held: The court restated the practice on the making of … Continue reading Corner House Research, Regina (on the Application of) v Secretary of State for Trade and Industry: CA 1 Mar 2005

Vellino v Chief Constable of Greater Manchester Police: CA 31 Jul 2001

The police were not under any duty to protect someone who had been arrested from injuring himself in an attempt to escape. The claimant had a history of seeking to avoid capture by jumping from his flat window. On this occasion he injured himself in the fall. The doctrine of ex turpi no oritur actio … Continue reading Vellino v Chief Constable of Greater Manchester Police: CA 31 Jul 2001

Cadam v Beaverbrook Newspapers Ltd: CA 1959

The defendants had published an article stating simply and solely that a writ had been issued against the four plaintiffs claiming damages for alleged conspiracy to defraud. They pleaded justification, based on the issue of the writ itself. The plaintiffs attacked this plea on the grounds that it offended against the repetition rule. Held: The … Continue reading Cadam v Beaverbrook Newspapers Ltd: CA 1959

Marrinan v Vibart: CA 2 Jan 1962

Two police officers gave evidence in a criminal prosecution of others, that the plaintiff, a barrister, had behaved improperly by obstructing a police officer in the execution of his duty and subsequently gave similar evidence at an inquiry before the Benchers of Lincoln’s Inn into the conduct of the plaintiff. The plaintiff brought an action … Continue reading Marrinan v Vibart: CA 2 Jan 1962

Youssoupoff v MGM Pictures: CA 1934

The plaintiff (herself a Princess) complained that she could be identified with the character Princess Natasha in the film ‘Rasputin, the Mad Monk’. On the basis that the film suggested that, by reason of her identification with ‘Princess Natasha’, she had been seduced by Rasputin, she was awarded andpound;25,000 damages. The defendant contended that if … Continue reading Youssoupoff v MGM Pictures: CA 1934

Foaminol Laboratories Ltd v British Artide Plastics Ltd: 1941

There is no justification for artificially excising from the damages recoverable for breach of contract that part of the financial loss which might or might not be the subject of a successful claim in defamation. A claim for mere loss of reputation is properly for an action for defamation, and cannot ordinarily be sustained by … Continue reading Foaminol Laboratories Ltd v British Artide Plastics Ltd: 1941

Devenish Nutrition Ltd and others v Sanofi-Aventis SA (France) and others: ChD 19 Oct 2007

The claimant sought damages for the losses it had suffered as a result of price fixing by the defendant companies in the vitamin market. The European Commission had already fined the defendant for its involvement. Held: In an action for breach of statutory duty the court can in appropriate circumstances make a restitutionary award, that … Continue reading Devenish Nutrition Ltd and others v Sanofi-Aventis SA (France) and others: ChD 19 Oct 2007

Berezovsky v Forbes Inc and Michaels; Glouchkov v Same: HL 16 May 2000

Plaintiffs who lived in Russia sought damages for defamation against an American magazine with a small distribution in England. Both plaintiffs had real connections with and reputations in England. A judgment in Russia would do nothing to repair the reputations in England, and accordingly the proper place to sue was in England. Under English law … Continue reading Berezovsky v Forbes Inc and Michaels; Glouchkov v Same: HL 16 May 2000