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McGraddie v McGraddie and Another (Scotland): SC 31 Jul 2013

The parties were father and son, living at first in the US. On the son’s wife becoming seriously ill, the son returned to Scotland. The father advanced a substantal sum for the purchase of a property to live in, but the son put the properties in his own name. The father sought a conveyance of … Continue reading McGraddie v McGraddie and Another (Scotland): SC 31 Jul 2013

Thornton v Telegraph Media Group Ltd: QBD 26 Jul 2011

The claimant alleged defamation and malicious falsehood in an article published and written by the defendants. She complained that she was said to have fabricated an interview with the second defendant for her book. An interview of sorts had now been accepted to have taken place. Held: To be counted as defamatory an allegation must … Continue reading Thornton v Telegraph Media Group Ltd: QBD 26 Jul 2011

Singh v Weayou: QBD 11 Aug 2017

The claimant male nurse sued in defamation contained in a complaint of sexual harrassment made by the defendant against him. Judges: Nicola Davies DBE J Citations: [2017] EWHC 2102 (QB) Links: Bailii Statutes: Defamation Act 2013 1 2 3 Jurisdiction: England and Wales Defamation Updated: 05 April 2022; Ref: scu.592026

Times Newspapers Ltd and Others v Flood and Others: SC 11 Apr 2017

Three newspaper publishers, having lost defamation cases, challenged the levels of costs awarded against them, saying that the levels infringed their own rights of free speech. Held: Each of the three appeals was dismissed. Judges: Lord Neuberger, President, Lord Mance, Lord Sumption, Lord Hughes, Lord Hodge Citations: [2017] UKSC 33 Links: Bailii, Bailii Summary Statutes: … Continue reading Times Newspapers Ltd and Others v Flood and Others: SC 11 Apr 2017

VTB Capital Plc v Nutritek International Corp and Others: SC 6 Feb 2013

The claimant bank said that it had been induced to create very substantial lending facilities by fraudulent misrepresentation by the defendants. They now appealed against findings that England was not clearly or distinctly the appropriate forum for resolution of VTB’s tort claims, and nor that there was a proper basis for piercing the corporate veil. … Continue reading VTB Capital Plc v Nutritek International Corp and Others: SC 6 Feb 2013

Waterson v Lloyd MP and Another: CA 28 Feb 2013

The former MP for Eastbourne had brought an action for defamation against the appellant, the current MP and his agent in respect of election materials used by them. The appellants had relied on the defence of fair comment, and now appealed against rulings that the words complained of had been allegations of fact, and not … Continue reading Waterson v Lloyd MP and Another: CA 28 Feb 2013

Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd: SC 3 Jul 2013

Virgin Atlantic Airways Ltd sought to recover damages exceeding 49,000,000 pounds for the infringement of a European Patent which did not exist in the form said to have been infringed. The Technical Board of Appeal of the European Patent Office had retrospectively amended it so as to remove with effect from the date of grant … Continue reading Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd: SC 3 Jul 2013

Theedom v Nourish Training (T/A Recruitment Colin Sewell): QBD 11 Dec 2015

The Court heard preliminary issues both as to the defamatory meaning of the words used and as to whether publication of those words had caused or was likely to cause serious harm pursuant to s.1 (1) of the 2013 Act. Held: Following Cooke and Lachaux: ‘Depending on the circumstances of the case, the claimant may … Continue reading Theedom v Nourish Training (T/A Recruitment Colin Sewell): QBD 11 Dec 2015

Lawrence and Another v Fen Tigers Ltd and Others: QBD 4 Mar 2011

The claimants had complained that motor-cycle and other racing activities on neighbouring lands were a noise nuisance, but the court also considered that agents of the defendants had sought to intimidate the claimants into not pursuing their action. The defendants argued that the properties were in any event noisy because of proximity to RAF Mildenhall. … Continue reading Lawrence and Another v Fen Tigers Ltd and Others: QBD 4 Mar 2011

Tesic v Serbia: ECHR 11 Feb 2014

ECHR Article 10-1- Freedom of expression Applicant’s precarious financial situation as a result of award of damages for defamation against her: violation Facts – In 2006 the applicant, a pensioner suffering from various illnesses, was found guilty of defaming her lawyer and ordered to pay him 300,000 dinars (RSD) in compensation, together with default interest, … Continue reading Tesic v Serbia: ECHR 11 Feb 2014

Flood v Times Newspapers Ltd: QBD 19 Dec 2013

The claimant policeman alleged defamation in an article published by the defendant newspaper. The defendant advanced two substantive defences, a defence of public interest (Reynolds) privilege and justification. After protracted litigation, the claim succeeded, and the court now considered the damages to be awarded. Held: ‘It is possible to pursue journalism said to be in … Continue reading Flood v Times Newspapers Ltd: QBD 19 Dec 2013

Vaughan v London Borough of Lewisham and Others: QBD 20 Dec 2013

The claimant had undertaken a series of nine actions against the several defendants making allegations of discrimination and similar. They had each failed, she had been ordered to pay substantial sums in costs, and was now foamally bankrupt. In these proceedings she alleged defamation in SOSR (Some Other Substantial Reason) hearings. She had stayed other … Continue reading Vaughan v London Borough of Lewisham and Others: QBD 20 Dec 2013

Belpietro v Italy: ECHR 24 Sep 2013

Article 10-1 Freedom of expression Imposition of suspended sentence on newspaper chief for publishing defamatory article: violation Facts – At the relevant time the applicant was the director of the daily newspaper Il Giornale. In 2004 the newspaper published an article written by a senator criticising a number of members of the national legal service. … Continue reading Belpietro v Italy: ECHR 24 Sep 2013

Putistin v Ukraine (Football ‘Death Match’): ECHR 21 Nov 2013

The applicant complained of a breach of the right to protection of his reputation as a result of the domestic courts’ refusal to rectify defamatory information about his father that had been published in the newspaper Komsomolska Pravda. Mark Villiger, P 16882/03 – Chamber Judgment, [2013] ECHR 1154 Bailii European Convention on Human Rights Citing: … Continue reading Putistin v Ukraine (Football ‘Death Match’): ECHR 21 Nov 2013

Subotic v Knezevic: QBD 14 Oct 2013

Applications as to whether: (a) there should be an adjournment of 4 weeks to enable the Claimant’s new legal representatives to have more time to advise the Claimant, to prepare for the hearing, and to consider further re-re-amendments to the Particulars of Claim; (b) the Claimant should be permitted to re-re-amend the Particulars of Claim … Continue reading Subotic v Knezevic: QBD 14 Oct 2013

Mitchell v News Group Newspapers Ltd: QBD 1 Aug 2013

The defamation claimant sought relief from sanctions imposed after a failure to comply with orders requiring him to discuss budgets and budgetary assumptions. Held: The claimant had failed to deliver the required costs budget in time, and any costs in the action beyond the court fees would be disallowed. Master McLoud [2013] EWHC 2355 (QB) … Continue reading Mitchell v News Group Newspapers Ltd: QBD 1 Aug 2013

Reznik v Russia: ECHR 4 Apr 2013

ECHR Article 10-1Freedom of expressionCompensation award against Bar Council President comments regarding prison warders’ ‘search’ of female member of the Bar: violationFacts – The case concerned defamation proceedings against the President of the Moscow City Bar for critical statements he had made on a live television show about the conduct of male prison warders who … Continue reading Reznik v Russia: ECHR 4 Apr 2013

McGrath and Another v Dawkins and Others: CA 5 Feb 2013

The claimant appealed against a finding that the defendant Amazon was bound to succeed in its defence under the 2002 Regulations against the claim in defamation, and that the claim should be dismissed as an abuse of process under Jameel. He had constructed a series of false adverse reviews of the claimant’s book in order … Continue reading McGrath and Another v Dawkins and Others: CA 5 Feb 2013

In re P (A Child): FD 17 Dec 2013

A local authority applied for a reporting restriction order. The Italian mother when pregnant suffered mental illness. She ceased treatment to protect her unborn child and became psychotic and delusional and was detained in a mental hospital. She had had two previous births by caesarian section, and the doctors view was that a natural birth … Continue reading In re P (A Child): FD 17 Dec 2013

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

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

Shergill and Others v Khaira and Others: SC 11 Jun 2014

The parties disputed the trusts upon which three Gurdwaras (Sikh Temples) were held. The Court of Appeal had held that the issues underlying the dispute were to be found in matters of the faith of the Sikh parties, and had ordered a permanent stay. Held: The appeal was allowed. The matter was justiciable and should … Continue reading Shergill and Others v Khaira and Others: SC 11 Jun 2014

Cook v Telegraph Media Group Ltd: QBD 29 Mar 2011

The claimant, an MP, complained in defamation of the defendant’s description of his rejected expenses claim regarding an assistant’s charitable donation. The paper pleaded a Reynolds defence. The claimant said that when published the defendant knew that the article was untrue. The defendant sought summary judgment. Held: It was not possible to say there was … Continue reading Cook v Telegraph Media Group Ltd: QBD 29 Mar 2011

Jameel v Wall Street Journal Europe Sprl: HL 11 Oct 2006

The House was asked as to the capacity of a limited company to sue for damage to its reputation, where it had no trading activity within the jurisdiction, and as to the extent of the Reynolds defence. The defendants/appellants had published an article which was said falsely to associate the claimants with terrorist activity. Held: … Continue reading Jameel v Wall Street Journal Europe Sprl: HL 11 Oct 2006

Hayes v Willoughby: SC 20 Mar 2013

The claimant and appellant had been employer and employee who had fallen out, with a settlement in 2005. The appellant then began an unpleasant and obsessive personal vendetta against Mr Hayes, complaining to public bodies with allegations of tax evasion, fraud and similar. Several investigations all concluded against the appellant, and indeed disproved in 2007. … Continue reading Hayes v Willoughby: SC 20 Mar 2013

In re B (Children) (Care Proceedings: Standard of Proof) (CAFCASS intervening): HL 11 Jun 2008

Balance of probabilities remains standard of proof There had been cross allegations of abuse within the family, and concerns by the authorities for the children. The judge had been unable to decide whether the child had been shown to be ‘likely to suffer significant harm’ as a consequence. Having found some evidence to suggest that … Continue reading In re B (Children) (Care Proceedings: Standard of Proof) (CAFCASS intervening): HL 11 Jun 2008

Mitchell MP v News Group Newspapers Ltd: CA 27 Nov 2013

(Practice Note) The claimant brought defamation proceedings against the defendant newspaper. His solicitors had failed to file his costs budget as required, and the claimant now appealed against an order under the new Rule 3.9, restricting very substantially the costs which might be made in his favour. Held: The appeal was refused. It was inherent … Continue reading Mitchell MP v News Group Newspapers Ltd: CA 27 Nov 2013

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Johnston v League Publications Ltd and Others: QBD 26 Mar 2014

Application to determine meanings. Held: When asked to determine the meanings in a statement alleged to be defamatory, the court is not restricted to the meaning put forward by the parties: ‘The test is that of the ‘ordinary reader’. That concept is wide enough to embrace, in cases such as the present, the readers of … Continue reading Johnston v League Publications Ltd and Others: QBD 26 Mar 2014

Mitchell v News Group Newspapers Ltd: QBD 28 Jul 2014

The claimant MP had a bad tempered altercation with police officers outside Downing Street. He sued the defendant newspaper in defamation saying that they had falsely accused him of calling te officers ‘plebs’. One officer now sued the MP saying that the MP’s public denials amounted to defamation of the officer as a liar. The … Continue reading Mitchell v News Group Newspapers Ltd: QBD 28 Jul 2014

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

Gulf Oil (Great Britain) Limited v Page: CA 1987

The plaintiff had contracted exclusively to supply to the defendants owners of petrol stations. On arrears arising, the plaintiff discontinued deliveries save on cash on delivery and direct debit terms. The defendants obtained supplies from another source and the plaintiff terminated the agreement. There then followed proceedings which the defendants lost in court and which … Continue reading Gulf Oil (Great Britain) Limited v Page: CA 1987

Metall und Rohstoff AG v Donaldson Lufkin and Jenrette Inc: CA 1990

There was a complicated commercial dispute involving allegations of conspiracy. A claim by the plaintiffs for inducing or procuring a breach of contract would have been statute-barred in New York. Held: Slade LJ said: ‘The judge’s approach to the limitation point was further criticised by the defendants’ counsel on the grounds that, following the guidance … Continue reading Metall und Rohstoff AG v Donaldson Lufkin and Jenrette Inc: CA 1990

Mincione v Gedi Gruppo Editoriale Spa: CA 29 Apr 2022

Judges: Lord Justice Popplewell Lord Justice Warby And Lord Justice William Davis Citations: [2022] EWCA Civ 557 Links: Bailii, Judiciary Statutes: Defamation Act 2013 9 Jurisdiction: England and Wales Jurisdiction, Defamation Updated: 09 May 2022; Ref: scu.676811

Fulham (orse Fullam) v Newcastle Chronicle and Journal Ltd and Another: CA 1977

A local newspaper circulating in Teesside, where the claimant had been appointed deputy headmaster of a school, published an article in 1973 saying of the claimant that he was a former Roman Catholic priest who had left his parish in the Salford diocese and later married and it was claimed of him that he ‘went … Continue reading Fulham (orse Fullam) v Newcastle Chronicle and Journal Ltd and Another: CA 1977

Attorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’): HL 13 Oct 1988

Loss of Confidentiality Protection – public domain A retired secret service employee sought to publish his memoirs from Australia. The British government sought to restrain publication there, and the defendants sought to report those proceedings, which would involve publication of the allegations made. The AG sought to restrain those publications. Held: A duty of confidence … Continue reading Attorney-General v Guardian Newspapers Ltd (No 2) (‘Spycatcher’): HL 13 Oct 1988

Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003

The respondent appealed against a finding that the provision which made a loan agreement completely invalid for lack of compliance with the 1974 Act was itself invalid under the Human Rights Act since it deprived the respondent lender of its property rights. It was also argued that it was not possible to make a declaration … Continue reading Wilson v Secretary of State for Trade and Industry; Wilson v First County Trust Ltd (No 2): HL 10 Jul 2003

Lachaux v Independent Print Ltd and Another: SC 12 Jun 2019

Need to Show Damage Increased by 2013 Act The claimant alleged defamation by three publishers. The articles were held to have defamatory meaning, but the papers argued that the defamations did not reach the threshold of seriousness in section 1(1) of the 2013 Act. Held: The appeal succeeded. Section 1 of the 2013 Act not … Continue reading Lachaux v Independent Print Ltd and Another: SC 12 Jun 2019

Grappelli v Derek Block (Holdings) Ltd: CA 20 Jan 1981

Stephane Grappelli, an renowned musician, employed the defendants to promote him. They purported to arrange various concerts, but did so without his authority. When they were cancelled, they told the venue owners that they were cancelled because the plaintiff was ‘very seriously ill in Paris’ and that it would be surprising ‘if he ever toured … Continue reading Grappelli v Derek Block (Holdings) Ltd: CA 20 Jan 1981

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

Cassell and Co Ltd v Broome and Another: HL 23 Feb 1972

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

Simon and Others v Lyder and Another: PC 29 Jul 2019

(Trinidad and Tobago) The Board was asked as to the well-known conundrum in the common law of defamation, namely the extent to which (if at all) two or more different statements made upon different occasions by the same defendant may be aggregated for the purpose of giving rise to a cause of action in defamation, … Continue reading Simon and Others v Lyder and Another: PC 29 Jul 2019

Dow Jones and Co Inc v Jameel: CA 3 Feb 2005

Presumption of Damage in Defamation is rebuttable The defendant complained that the presumption in English law that the victim of a libel had suffered damage was incompatible with his right to a fair trial. They said the statements complained of were repetitions of statements made by US authorities. The claimant had asserted that no more … Continue reading Dow Jones and Co Inc v Jameel: CA 3 Feb 2005

Black-Clawson International Ltd v Papierwerke Waldhof Aschaffenburg AG: HL 5 Mar 1975

Statute’s Mischief May be Inspected The House considered limitations upon them in reading statements made in the Houses of Parliament when construing a statute. Held: It is rare that a statute can be properly interpreted without knowing the legislative object. The courts may look outside a statute in order to identify the ‘mischief’ Parliament was … Continue reading Black-Clawson International Ltd v Papierwerke Waldhof Aschaffenburg AG: HL 5 Mar 1975

Lewis v Daily Telegraph Ltd: HL 1964

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

Lachaux v Independent Print Ltd (2): CA 12 Sep 2017

The court was asked whether the defendants and their solicitors may retain and make use of information contained in documents which are said by the claimant to be confidential and the subject of legal professional privilege Judges: Lord Justice Davis Citations: [2017] EWCA Civ 1327 Links: Bailii Jurisdiction: England and Wales Citing: See Also – … Continue reading Lachaux v Independent Print Ltd (2): CA 12 Sep 2017

Lachaux v Independent Print Ltd/ Evening Standard Ltd: QBD 18 Dec 2015

In each of these libel actions the Claimant applied for an order for the delivery up of documents which he claimed were the subject of legal professional privilege but which have been obtained by the Defendants from his former wife, Ms Lachaux, in breach of what he alleged was a duty of confidentiality owed to … Continue reading Lachaux v Independent Print Ltd/ Evening Standard Ltd: QBD 18 Dec 2015

Lachaux v Independent Print Ltd and Others: QBD 29 Jun 2015

Orders allowing extension of time for service of the Particulars of Claim. Judges: Nicol J Citations: [2015] EWHC 1847 (QB), [2015] CN 1308 Links: Bailii Jurisdiction: England and Wales Citing: Cited – Totty v Snowden; Hewitt v Wirral and West Cheshire Community NHS Trust CA 31-Jul-2001 Where a party had served a claim form, but … Continue reading Lachaux v Independent Print Ltd and Others: QBD 29 Jun 2015

Lachaux v Independent Print Ltd: QBD 1 Apr 2015

The claimant alleged defamation by the three defendant news organisations. The defendants now sought trial of certain preliminary issues, and particularly whether the claimant had suffered any serious harm to his reputation. Held: The court set out principles to be applied where a party being a litigant in person did not attend the hearing. Judges: … Continue reading Lachaux v Independent Print Ltd: QBD 1 Apr 2015

Monroe v Hopkins: QBD 10 Mar 2017

The claimant, a transgender chef and food blogger claimed in defamation against the defendant journalist in respect of two tweets. The court now set out to decide the meanings, whether they were defamatory by nature, and whether the serious harm requirement had been met. Held: ‘Ms Monroe complains of the natural and ordinary meaning. That … Continue reading Monroe v Hopkins: QBD 10 Mar 2017

Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992

Reference to Parliamentary Papers behind Statute The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the cost to the employer, or … Continue reading Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992

Donoghue (or M’Alister) v Stevenson: HL 26 May 1932

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

Handyside v The United Kingdom: ECHR 7 Dec 1976

Freedom of Expression is Fundamental to Society The appellant had published a ‘Little Red Schoolbook’. He was convicted under the 1959 and 1964 Acts on the basis that the book was obscene, it tending to deprave and corrupt its target audience, children. The book claimed that it was intended to teach school children about sex, … Continue reading Handyside v The United Kingdom: ECHR 7 Dec 1976

AMT Futures Ltd v Marzillier and Others: SC 1 Mar 2017

AMT entered into many financial services agreements providing for exclusive EW jurisdiction. It now sought to restrain the defendant German lawyers from encouraging litigation in Germany saying that induced breaches of the contracts. It also sought as damages the costs incurred in the German litigation. The defendant asserted lack of jurisdiction saying that the alleged … Continue reading AMT Futures Ltd v Marzillier and Others: SC 1 Mar 2017

Spiliada Maritime Corporation v Cansulex Ltd, The Spiliada: HL 1986

Forum Non Conveniens Restated The House reviewed the authorities on the principle of forum non conveniens and restated how to apply the principle where the defendant seeks a stay of proceedings on the ground that there is another more appropriate forum. Held: ‘In the result, it seems to me that the solution of disputes about … Continue reading Spiliada Maritime Corporation v Cansulex Ltd, The Spiliada: HL 1986

Jeynes v News Magazines Ltd and Another: CA 31 Jan 2008

Whether Statement defamatory at common law The claimant appealed against a striking out of her claim for defamation on finding that the words did not have the defamatory meaning complained of, namely that she was transgendered or transsexual. Held: The appeal failed.Sir Anthony Clarke MR said: ‘no reasonable reader of the words complained of could … Continue reading Jeynes v News Magazines Ltd and Another: CA 31 Jan 2008

Stocker v Stocker: QBD 10 Jun 2015

The claimant alleged defamation by his former wife in a post on facebook. The posting and associatedeEmails were said falsely to have accused him of serious abuse, and that the accusations had undermined his relationship with his new partner. Held: However unappealing it may be to contemplate these issues being resolved via a defamation trial, … Continue reading Stocker v Stocker: QBD 10 Jun 2015

Gillick v Brook Advisory Centres and Another: CA 23 Jul 2001

The claimant appealed after closing her action for an alleged defamation by the respondents in a leaflet published by them. She challenged an interim decision by the judge as to the meaning of the words complained of. Held: The leaflet made reference to the claimant’s history as a litigant but did so in a way … Continue reading Gillick v Brook Advisory Centres and Another: CA 23 Jul 2001

Smith v ADVFN Plc and others: QBD 25 Jul 2008

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

Skuse v Granada Television: CA 30 Mar 1993

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

Hunter v Chief Constable of the West Midlands Police: HL 19 Nov 1981

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

Johnson v Gore Wood and Co: HL 14 Dec 2000

Shareholder May Sue for Additional Personal Losses A company brought a claim of negligence against its solicitors, and, after that claim was settled, the company’s owner brought a separate claim in respect of the same subject-matter. Held: It need not be an abuse of the court for a shareholder to seek damages against advisers to … Continue reading Johnson v Gore Wood and Co: HL 14 Dec 2000

Arnold v National Westminster Bank Plc: HL 1991

Tenants invited the court to construe the terms of a rent review provision in the sub-underlease under which they held premises. The provision had been construed in a sense adverse to them in earlier proceedings before Walton J, but they had been unable to challenge his decision on appeal. Later cases threw doubt on his … Continue reading Arnold v National Westminster Bank Plc: HL 1991

Kaschke v Osler: QBD 13 May 2010

The claimant sued in defamation as regards the defendant’s comments in his internet blog on her historical left wing political connections. She complained that they made a connection with terrorist activities. The defendant said that the article was based upon material from the claimant’s own web-site, which republished an old article from a German magazine … Continue reading Kaschke v Osler: QBD 13 May 2010