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
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
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
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
Bayley J said: Upon the great point, viz. whether it is a good defence to an action for slander for a defendant to show he heard it from another, and at that time named the author, I am of the opinion that it is not’ and ‘the law will not permit a man to recover … Continue reading McPherson v Daniels: 1829
(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
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
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
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
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
questions as to the meaning of the word ‘defamatory’ and as to the nature of an action for defamation. Judges: Neill LJ Citations: [1996] EWCA Civ 564, [1997] EMLR 139, [1996] 4 All ER 1008 Links: Bailii Jurisdiction: England and Wales Defamation Updated: 18 November 2022; Ref: scu.662191
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
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
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
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
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
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
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
Words are defamatory if they allege certain acts irrespective of any quality attributed by the defendant. Citations: Times 15-Jul-1996 Jurisdiction: England and Wales Defamation Updated: 31 October 2022; Ref: scu.78501
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
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
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
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
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
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
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
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
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
Orders were sought to strike out part of the defendants defence of justification to an allegation of defamation. Held: Where there remains the possibility of a jury trial, it becomes especially important to identify the issues the jurors are to resolve and the facts they are invited to find. Judges: Eady J Citations: [2009] EWHC … Continue reading Prince Radu of Hohenzollern v Houston and Another (No 4): QBD 4 Mar 2009
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
The court explained why evidence of particular acts of misconduct on the part of the Plaintiff tending to show his character and disposition should be excluded, saying ‘Both principle and authority seems equally against its admission. It would give rise to interminable issues which would have but a very remote bearing on the question in … Continue reading Scott v Sampson: QBD 1882
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
The defendant sought a strike out of the claim in defamation, saying that postings made on its web-sites were fair and accurate reports of court proceedings published contemporaneously. The claimant solicitor had been the subject of disciplinary proceedings by the Law Society. The articles had been removed on the day a complaint was made. Held: … Continue reading Karim v Newsquest Media Group Ltd: QBD 27 Oct 2009
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
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
In an action for a libel, it is no plea, that the defendant had the libellous statement from another, and upon publication disclosed the author’s name. Judges: Best CJ Citations: [1829] 5 Bing 392, [1829] EngR 350, (1829) 5 Bing 392, (1829) 130 ER 1112 Links: Commonlii Jurisdiction: England and Wales Cited by: Cited – … Continue reading De Crespigny v Wellesley: 9 Feb 1829
Judges and witness, including police officers are given immunity from suit in defamation in court proceedings.Fry LJ said: ‘Why should a witness be able to avail himself of his position in the box and to make without fear of civil consequences a false statement, which in many cases is perjured, and which is malicious and … Continue reading Munster v Lamb: CA 1883
The various claimants sought to challenge the 2004 Act by way of judicial review on the grounds that it was ‘a disproportionate, unnecessary and illegitimate interference with their rights to choose how they conduct their lives, and with market freedoms protected by European law; and an unjust interference with economic rights.’ Held: ‘We have concluded … Continue reading Countryside Alliance and others v HM Attorney General and others: Admn 29 Jul 2005
Judges: Eady J Citations: [2006] EWHC 637 (QB) Links: Bailii Statutes: Defamation Act 1996 3(5) Jurisdiction: England and Wales Defamation, Damages Updated: 18 July 2022; Ref: scu.240117
PC (New Zealand) The defendant was a pathologist who carried out cervical smears. His actions were found to be negligent. Held: The Board considered whether it would be correct to require an additional prerequisite of intention or conscious recklessness before an award of exemplary damages. Such a requirement would always bring evidential difficulties and ‘courts … Continue reading A v Bottrill: PC 9 Jul 2002
(Gibraltar) The appellants sought to argue that the failure to allow an acquitted defendant any possible order for costs was a breach of the Constitution. Held: Section 8 of the Constitution, like its analogue article 6 of the European Convention, seeks to guarantee the procedural fairness of the criminal process. Though the Convention is not … Continue reading Her Majesty’s Attorney General for Gibraltar v Shimidzu (Berllaque, Intervenor): PC 28 Jun 2005
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
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
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
The claimant, having not accepted an offer to make amends, wanted to proceed to a jury trial. To be permitted to do so, he had to seek to establish that the defendants ‘knew or had reason to believe that the statement complained of . . was both false and defamatory of [him]’ Held: The appeal … Continue reading Milne v Express Newspapers: CA 28 May 2004
The claimant in a defamation case appealed a decision to strike out his claim on the basis that it was an abuse of process, being intended to act as an harassment of the defendant, or to cause commercial embarrassment or undue cost. Held: Applying Broxton, the case was properly struck out. The test of abuse … Continue reading Wallis v Valentine and Others: CA 18 Jul 2002
Where a court regards a jury award in a defamation case as excessive, a ‘proper’ award can be substituted for it is not whatever sum court thinks appropriate, wholly uninfluenced by jury’s view, but the highest award which a jury could reasonably have thought necessary. ‘In a great many cases proof of a cold-blooded cost-benefit … Continue reading Kiam v MGN Ltd: CA 28 Jan 2002
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
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
The defendant’s lawyers wrote to a financial services regulatory body investigating the possible fraudulent conduct of the plaintiff’s stockbroking firm. The letter was passed to the Serious Fraud Office who later brought criminal proceedings against the plaintiffs and the letter was disclosed to them. After their acquittal they brought a claim for libel based on … Continue reading Mahon, Kent v Dr Rahn, Biedermann, Haab-Biedermann, Rahn, and Bodmer (a Partnership) (No 2): CA 8 Jun 2000
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
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
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
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
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
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
The Plaintiff, a credit bookmaker successfully sued the Bank in libel. The libel proved was writing the words ‘not sufficient’ on a cheque issued by the Plaintiff when they dishonoured it. He would have had sufficient funds ad the bank followed his instructions to stop an earlier cheque. As applied to cheques, s 49(12) of … Continue reading Davidson v Barclays Bank Ltd: 1940
In an action for libel, the Judge is not bound to state to the jury, as matter of law, whether the publication complained of be a libel or not ; but the proper course is for him to define what is a libel in point of law, and to leave it to the jury to … Continue reading Parmiter v Coupland And Another: 1840
The court considered an application by a third party to proceedings to prevent a statement being read out in open court in defamation proceedings. Justification had originally been pleaded by both defendants but, as part of a settlement with the second defendant the Spectator accepted that the libel could not be justified and withdrew that … Continue reading Barnet v Crozier: CA 1987
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
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
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
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
The defendant had admitted copying B’s drawings and designs for the creation of a nebulizer. To assist its election on damages, B sought preparation of details of the sales including costs and sale prices. When B also sought statutory damages, M said that having omitted it from the statement of claim, it was too late … Continue reading Brugger v Medic-Aid Ltd: PatC 1996
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
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
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
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
Two women parties used funds generated by a joint business venture to buy a house in which they lived together. It was vested in the sole name of the plaintiff but on the understanding that they were joint beneficial owners. The purpose of the arrangement was so that false benefit claims could be made to … Continue reading Tinsley v Milligan: HL 28 Jun 1993
The judge may disclose to the jury the purpose of a non-party’s involvement as a backer of a party if it is relevant to the case.Simon Brown LJ said as to an allegation that the claim was an abuse of process: ‘The cases appear to suggest two distinct categories of such misuse of process:(i) The … Continue reading Broxton v McClelland and Another: CA 27 Nov 1996
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
Test For Defamatory Meaning The plaintiff complained that the defendant had written in a telegram to accuse him of enticing away a servant. The House considered the process of deciding whether words were defamatory. Held: The telegram was incapable of bearing a defamatory meaning.Lord Atkin set out a test: ‘The question, then, is whether the … Continue reading Sim v Stretch: HL 1936
Exemplary Damages Award in Defamation The plaintiff had been awarded damages for defamation. The defendants pleaded justification. Before the trial the plaintiff gave notice that he wanted additional, exemplary, damages. The trial judge said that such a claim had to have been pleaded. The Court of Appeal had considered Rookes -v- Barnard to have been … Continue reading Cassell and Co Ltd v Broome and Another: HL 23 Feb 1972
The claimants sought damages alleging torture by the respondent whilst held in custody in Saudi Arabia. Held: Although the state enjoyed freedom from action, where the acts were ones of torture, and action could proceed against state officials involved personally. The court had been correct to reject the claim against the state. Despite other developments, … Continue reading Jones v Ministry of Interior Al-Mamlaka Al-Arabiya As Saudiya Kingdom of Saudi Arabia) and Another: CA 28 Oct 2004
Qualified privilege reporting statutory proceedings stays despite doubts on findings. Jonathan Sumption QC said: ‘Historically, qualified privilege meant a state of affairs which negatived legal malice and meant that the plaintiff had to prove malice in fact. The classic form of qualified privilege, which depends on a social or moral duty to communicate information and … Continue reading Tsikata v Newspaper Publishing Plc: QBD 28 Oct 1994
Claim may be added outside limitation period where based on same facts. Citations: Times 11-Apr-1996 Statutes: Limitation Act 1980 35 Citing: Appealed to – 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. . . Cited … Continue reading Lloyd’s Bank Plc v Rogers and Another: QBD 11 Apr 1996
Copyright Claim: Was it Copied, and How Much? The claimant sought to enforce its copyright in artwork for a fabric design Ixia, saying the defendant’s design Marguerite infringed that copyright. Two issues faced the House. Just what had been copied and if any, then did this amount amount to the whole or a substantial part … Continue reading Designers Guild Ltd v Russell Williams (Textiles) Ltd (Trading As Washington DC): HL 28 Nov 2000
Ascertaining Meaning of Words for Defamation The Daily Telegraph had published an article headed ‘Inquiry on Firm by City Police’ and the Daily Mail had published an article headed ‘Fraud Squad Probe Firm’. The plaintiffs claimed that those articles carried the meaning that they were guilty of fraud. The defendants admitted that the articles were … Continue reading Lewis v Daily Telegraph Ltd: HL 1964
VICTIMISATION DISCRIMINATION – Whistleblowing In a whistleblowing claim the issue was whether the Tribunal had correctly interpreted and applied section 43B(1)(b) Employment Rights Act 1996 in two respects; (1) what amounts to an allegation of a breach of a legal obligation and (2) the public interest element in light of the guidance from the Court … Continue reading Ibrahim v HCA International Ltd: EAT 13 Sep 2018
The claimants, Coomber, claimed in conspiracy, and the defendants claimed in defamation. Various applications were made. The claimants had promoted a development project, but their bankers went into administration. The bank being unable to promise further funds, required repayment of the sums already advanced, and in due course sold the property. The claimants alleged a … Continue reading Ernst and Young Llp and Others v Coomber and Another: QBD 8 Nov 2010
The defendant appealed his conviction for rape, saying that the complainant’s evidence had wrongfully been allowed to be given over a remote video link. Provisions to allow such means of giving evidence had been intended to be phased in only as training allowed. No notice had been given to apply to the court which had … Continue reading R, Regina v: CACD 4 Apr 2008
The plaintiff, who worked in financial services, complained of the terms of the reference given by his former employer. Having spoken of his behaviour towards members of the team, it went on: ‘his former superior has further stated he is a man of little or no integrity and could not be regarded as honest . … Continue reading Spring v Guardian Assurance Plc and Others: HL 7 Jul 1994
Decomposed Snail in Ginger Beer Bottle – Liability The appellant drank from a bottle of ginger beer manufactured by the defendant. She suffered injury when she found a half decomposed snail in the liquid. The glass was opaque and the snail could not be seen. The drink had been bought for her by a friend, … Continue reading Donoghue (or M’Alister) v Stevenson: HL 26 May 1932
When determining whether a claimant has possessions or property within the meaning of Article I the court may have regard to national law and will generally do so unless the national law is incompatible with the object and purpose of Article 1. Any interference with the enjoyment of property must be justifiable as being in … Continue reading Pressos Compania Naviera S A And Others v Belgium: ECHR 20 Nov 1995
A libel case against a French paper was rightly brought in UK despite the small (250 copies nationally and 5 in the plaintiff’s local area (Yorkshire)) circulation here. The Brussels Convention allows a claim for defamation in UK though the main public was abroad. Lord Jauncey of Tullichettle said: ‘Where English law presumes the publication … Continue reading Shevill and Others v Presse Alliance SA: HL 26 Jul 1996
The plaintiffs, British Coal Corporation, claim damages for libel against the National Union of Mineworkers (Yorkshire area) and also against one of the union’s senior officials. The alleged libel was published in the ‘Yorkshire Miner’, a monthly magazine distributed by the NUM, and the issue in question was that for April, 1992. The defendants said … Continue reading British Coal Corporation v National Union of Mineworkers and Another: QBD 28 Jun 1996
The claimant had brought multiple actions in defamation against anonymous posters on an online forum. The claimant sought to lift the stay which had been imposed because of the number of actions. The claimant had not yet paid outstanding costs orders. Held: It was arguable that many of the postings made to the forum should … Continue reading Smith v ADVFN Plc and others: QBD 25 Jul 2008
The claimant complained that the defendant had said in a television programme that he had failed to act properly when presenting his expert forensic evidence in court in the trial of the Birmingham Six. Held: The court should give to the material complained of the natural and ordinary meaning which it would have conveyed to … Continue reading Skuse v Granada Television: CA 30 Mar 1993
Abuse of Process and Re-litigation The court set down the principles to be applied in abuse of process cases, where a matter was raised again which should have been dealt with in earlier proceedings. Sir James Wigram VC said: ‘In trying this question I believe I state the rule of the Court correctly when I … Continue reading Henderson v Henderson: 20 Jul 1843
No collateral attack on Jury findigs. An attempt was made to open up in a civil action, allegations of assaults by the police prior to the making of confessions which had been disposed of in a voir dire in the course of a criminal trial. The plaintiffs had imprisoned having spent many years after conviction … Continue reading Hunter v Chief Constable of the West Midlands Police: HL 19 Nov 1981
The defendant newspaper had made a full apology and offer of amends under the section, and relied upon it as a defence. The claimant sought to impugn that apology, saying that the article had been malicious. He sought disclosure to support the claim. Held: The request was a fishing expedition. To undermine the defence, the … Continue reading Milne v Express Newspapers Ltd: QBD 29 Nov 2002
The defendant appealed against the refusal of the Master to strike out the claim in defamation in respect of a post by a third party on his unmoderated blog. The claimant said that the article accused her of an historic association with a terrorist group. As soon as the complaint was made known to him, … Continue reading Kaschke v Gray and Another: QBD 29 Mar 2010
The defendant published a film showing the claimant involved in sex acts with prostitutes. It characterised them as ‘Nazi’ style. He was the son of a fascist leader, and a chairman of an international sporting body. He denied any nazi element, and claimed in breach of confidence. Held: ‘The law [of confidence] now affords protection … Continue reading Mosley v News Group Newspapers Ltd: QBD 24 Jul 2008
In each case the local authority sought to recover possession of its own land. In the Lambeth case, they asserted this right as against an overstaying former tenant, and in the Leeds case as against gypsies. In each case the occupiers said that the recovery of possession interfered with their right respect for their family … Continue reading Kay and Another v London Borough of Lambeth and others; Leeds City Council v Price and others and others: HL 8 Mar 2006
Ban on Prisoners talking to Journalists unlawful The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without undertakings from the journalists not to publish any element of the interview. … Continue reading Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999
Public Identification of Pedophiles by Police AB and CB had been released from prison after serving sentences for sexual assaults on children. They were thought still to be dangerous. They moved about the country to escape identification, and came to be staying on a campsite. The police sought to co-operate in the resettlement of the … Continue reading Regina v Chief Constable of North Wales Police and Others Ex Parte Thorpe and Another; Regina v Chief Constable for North Wales Police Area and others ex parte AB and CB: CA 18 Mar 1998
The parties had arbitrated their dispute in London under a bilateral investment treaty between the US and Ecuador. The republic sought to appeal the arbitration. The applicant now appealed an order that the English High Court had jurisdiction to hear the appeal. Held: The appeal was dismissed. The treaty was intended to encourage bilateral trading … Continue reading Occidental Exploration and Production Company vRepublic of Ecuador: CA 9 Sep 2005
The claimant hypnotherapist said that the defendant had through its newspaper defamed him by accusing him of claiming a bogus PhD. The Hon Mr Justice Eady [2006] EWHC 1996 (QB) Bailii England and Wales Cited by: See Also – McKenna v MGN Ltd QBD 16-Jul-2007 Eady J considered the consequences in costs of a claimant’s … Continue reading McKenna v MGN Ltd: QBD 28 Jul 2006
The court considered the duty of confidentiality owed by a banker to his client. Bankes LJ said: ‘At the present day I think it may be asserted with confidence that the duty is a legal one arising out of contract, and that the duty is not absolute but qualified. It is not possible to frame … Continue reading Tournier v National Provincial and Union Bank of England: CA 1924
Exercise of Power to Strike Out The court has an inherent power to strike out an action for want of prosecution, and the House set down the conditions for its exercise. The power is discretionary and exercisable only where (a) there has been inordinate and inexcusable delay and (b) such delay has given rise to … Continue reading Birkett v James: HL 1977