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
The court was asked as to when it is appropriate to order costs on an indemnity basis. Waller LJ said: ‘The question will always be: is there something in the conduct of the action or the circumstances of the case which takes the case out of the norm in a way which justifies an order … Continue reading Excelsior Commercial and Industrial Holdings Ltd v Salisbury Hammer Aspden and Johnson (A Firm): CA 12 Jun 2002
The defendants requested a preliminary ruling that the words complained of in the claimant’s action were not capable of bearing a defamatory meaning. Held: Some of the pleaded meanings were not supported, but others were clearly defamatory, and should not be struck out. Nor could it properly be said that there had been no substantial … Continue reading Caborn-Waterfield v Gold and Others: QBD 11 Mar 2013
The parties competed in providing employment law services. The claimant complained of slanderous comments said to have been made by the defendant in discussions with a firm of solicitors seeking to select a firm. The claimant now appealed against the striking out of its action as ‘not worth the candle’. No damage was pleaded, and … Continue reading Citation Plc v Ellis Whittam Ltd: CA 8 Mar 2013
The claimant said that the defendant, in its Top Gear programme in a review of its car, caused it damage through malicious falsehood and defamation. They appealed against a finding that the words used were incapable of bearing the defamatory meanings complained of. Held: The appeal was dismissed. Though there were falsehoods in the programme, … Continue reading Tesla Motors Ltd and Another v British Broadcasting Corporation: CA 5 Mar 2013
The court discussed an appeal against a case management decision. Held: Lewison LJ said: ‘It has been said more than once in this court, it is vital for the Court of Appeal to uphold robust fair case management decisions made by first instance judges.’ Judges: Lewison, Mummery, Jackson LJJ Citations: [2012] EWCA Civ 1667 Links: … Continue reading Mannion v Ginty: CA 28 Nov 2012
The defendant sought to have struck out the claim for defamation based on the defendant’s ‘Homes from Hell’ TV programme. Held: The pleaded meanings failed, and an application to amend the particulars was refused. The action was struck out.In the course of the case, the claimant a litigant in person had suggested a duty on … Continue reading O’Dwyer v ITV Plc: QBD 30 Nov 2012
Eady J considered the principles in construing a compromise agreement: ‘The modern approach is to apply ordinary principles of construction to such agreements in seeking to determine the intention of the parties and, in particular, that of the relevant claimant.’ Judges: Eady J Citations: [2012] EWHC 3137 (QB) Links: Bailii Cited by: Cited – Gladman … Continue reading Ansari v Knowles and Others: QBD 8 Nov 2012
The parties, former partners in a limited liability partnership providing investment funds management, had been involved in protracted and bitter litigation. The appellant now challenged the award of indemnity costs. Judges: Arden, Tomlinson, Davis LJJ Citations: [2012] EWCA Civ 843, [2012] WLR (D) 183, [2013] Bus LR 186, [2013] 1 Costs LR 35, [2013] 1 … Continue reading F and C Alternative Investments (Holdings) Ltd and Others v Barthelemy and Another: CA 22 Jun 2012
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
ECJ Area of freedom, security and justice – Jurisdiction in civil and commercial matters – Special jurisdiction in tort, delict or quasi-delict – Action for a negative declaration (‘negative Feststellungsklage’) – Whether a person alleged to have committed a harmful act may bring a person who might be adversely affected before the courts with jurisdiction … Continue reading Folien Fischer AG and another v Ritrama SpA: ECJ 25 Oct 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
The claimant, manufacturer of electric cars, complained of a review of its car on ‘Top Gear’. It’s pleaded meanings had been rejected, and it now sought leave to amend its pleading to add new alleged defamatory meanings. Judges: Tugendhat J Citations: [2012] EWHC 310 (QB) Links: Bailii Citing: See also – Tesla Motors Ltd and … Continue reading Tesla Motors Ltd and Another v British Broadcasting Corporation: QBD 23 Feb 2012
Andrew Smith J, dismissed a defendant’s application for summary judgment, saying that that it was not fatal to the claim that the claimant could not plead or prove that the defendant caused or authorised publication of ‘the specific defamatory words of which complaint is made’, as opposed to the imputation(s) arising from them. Where the … Continue reading Dar Al Arkan Real Estate Development Com v Al Refai and Others: ComC 12 Jun 2013
Citations: [2013] EWHC 2182 (QB) Links: Bailii Jurisdiction: England and Wales Citing: At Supreme Court – Flood v Times Newspapers Ltd SC 21-Mar-2012 The defendant had published an article which was defamatory of the claimant police officer, saying that he was under investigation for alleged corruption. The inquiry later cleared him. The court was now … Continue reading Flood v Times Newspapers Ltd: QBD 25 Jul 2013
The claimant was a non-white head teacher, alleging that her school governors and local authority had undermined and had ‘deliberately endorsed a targeted campaign of discrimination, bullying, harassment and victimisation’ against her as an Asian head teacher; and that the Council, ‘deliberately and unlawfully endorsed a targeted campaign of discrimination, bullying and harassment and victimisation … Continue reading Singh v Moorlands Primary School and Another: CA 25 Jul 2013
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
High Court of Australia – The claim sought to sidestep the rule giving immuity to witnesses before a court by alleging a conspiracy to give false evidence. Held: Starke J said: ‘But it does not matter whether the action is framed as an action for defamation or as an action analogous to an action for … Continue reading Cabassi v Vila: 12 Dec 1940
The claimant alleged defamation in an article on the defendant’s web-site discussing a failure of his earlier defamation action. He now sought directions for a jury trial. Judges: Nicola Davies DBE J Citations: [2013] EWHC 2202 (QB) Links: Bailii Jurisdiction: England and Wales Citing: Cited – Tolstoy Miloslavsky v United Kingdom ECHR 19-Jul-1995 The applicant … Continue reading McGrath v Independent Print Ltd: QBD 26 Jul 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
The court considered applications for relief from sanction under CPR 3.1(7). Held: An application under CPR 3.1(7) usually requires a change of circumstances. Considerations of finality, the undesirability of allowing litigants to have two bites at the cherry and the need to avoid undermining the concept of appeal all required a principled curtailment of an … Continue reading Tibbles v SIG Plc (T/A Asphaltic Roofing Supplies): CA 26 Apr 2012
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
The claimant was a litigant in person who said that he had misunderstood the relevant provision of the CPR. Maurice Kay LJ said: ‘I accept that there may be facts and circumstances in relation to a litigant in person which may go to an assessment of promptness but, in my judgment they will only operate … Continue reading Tinkler and Another v Elliott: CA 10 Oct 2012
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
Arden LJ summarised the law as regard abuse of process claims in defamation cases, saying that while the court must provide a remedy in a case that requires one, the process of the court should not be used in a case where the need has gone away. Judges: Arden, Lloyd Jones LJJ, Tugendhat J Citations: … Continue reading Cammish v Hughes: CA 12 Dec 2012
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 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
The parties were former footballers involved in charitable works. The claimant said that an allegation by the defendant that he the claimant had released for publication a text message in which the the defendant was said to have used extremely offensive language was defamatory. Though denying that he had released it, the defendant now argued … Continue reading Rufus v Elliott: QBD 1 Nov 2013
The claimant, former chairman of the Thailand Football Association, claimed in defamation against the defendant who had been chairman of the English Football Association. The defendant asked the court to strike out the claim, saying that some of the claims were based on privileged evidence given to a parliamentary committee, and associated publications, and the … Continue reading Makudi v Baron Triesman of Tottenham In London Borough of Haringey: QBD 1 Feb 2013
The claimant had begin proceedings against the defendant legal publishers, saying that their summary of a cash had brought was defamatory. He now sought leave to extend the limitation period for his claim, and the defendants argued that, given the very limited publication, the case was not worth pursuing. Held: There had been considerable delay, … Continue reading Bewry v Reed Elseveir (UK) Ltd and Another: QBD 10 Oct 2013
[2013] ECHR 941, [2013] ECHR 1218, (2014) 58 EHRR 29 Bailii, Bailii European Convention on Human Rights Human Rights Cited by: See Also – Delfi As v Estonia ECHR 16-Jun-2015 Article 10-1 Freedom to impart information Award of damages against internet news portal for offensive comments posted on its site by anonymous third parties: no … Continue reading Delfi As v Estonia: ECHR 10 Oct 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
Article 8-1 Respect for private life Alleged failure to secure the right to reputation of an applicant whose father was allegedly defamed: no violation Facts – The applicant is the son of Mikhail Putistin, now deceased, a former Dynamo Kyiv football player who took part in a game known as the ‘Death Match’ in 1942. … Continue reading Putistin v Ukraine: ECHR 21 Nov 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
ECHR Article 10-1 Freedom of expression Freedom to impart information Lack of procedural safeguards when issuing injunction against national newspaper: violation Facts – The applicants were respectively the owner, publisher, editor-in-chief and chief editorial writer of a daily Turkish newspaper Cumhuriyet. In April 2007, in the run-up to the presidential elections, the newspaper published a … Continue reading Cumhuriyet Vakfi And Others v Turkey: ECHR 8 Oct 2013
rattan_ubsComC0314 The claimant had sought an order limiting the defendant’s costs after alleged non-compliance with directions, and failing to file a costs budget. Held: The application was rejected. The Commercial Court will firmly discourage the taking of futile and time wasting procedural points: ‘the claimant’s argument has not only increased the expense of this CMC … Continue reading Rattan v UBS Ag, London Branch: ComC 12 Mar 2014
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
Defamation – presumption of damage after 2013 Act The claimant said that the defendant had published defamatory statements which were part of a campaign of defamation brought by his former wife. The court now considered the requirement for substantiality in the 2013 Act. Held: The defendant’s appeal failed: ‘, the gravity of the imputations derived … Continue reading Lachaux v Independent Print Ltd (1): CA 12 Sep 2017
The claimant had supported the grant of a visa to a woman in order to speak to members of Parliament who was de facto leader of an Iranian organsation which had in the past supported terrorism and had been proscribed in the UK, but that proscription had been cancelled by the Tribunal. Lord Carlile appealed … Continue reading Lord Carlile of Berriew QC, and Others, Regina (on The Application of) v Secretary of State for The Home Department: SC 12 Nov 2014
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
The defendant had published an article which was defamatory of the claimant police officer, saying that he was under investigation for alleged corruption. The inquiry later cleared him. The court was now asked whether the paper had Reynolds type privilege in respect of the publication. A report of the simple fact of the investigation would … Continue reading Flood v Times Newspapers Ltd: SC 21 Mar 2012
The claimant sought damages in defamation against the defendant company offering internet search facilities. The words complained of had been published in a blog, and in comments published on the blog. Held: Jurisdiction should be declined. Any claim would fail. An ISP which performs no more than a passive role in facilitating postings on the … Continue reading Tamiz v Google Inc Google UK Ltd: QBD 2 Mar 2012
Three of the appellants were Polish citizens resisting European Arrest Warrants. A fourth (H), a British citizen, faced extradition to the USA. An order for the extradition of eachhad been made, and acting under advice each filed a notice of appeal from prison. The legal services department of the Prison service relayed the notices to … Continue reading Lukaszewski v The District Court In Torun, Poland: SC 23 May 2012
Allowance of Stigma Damages The employees claimed damages, saying that the way in which their employer had behaved during their employment had led to continuing losses, ‘stigma damages’ after the termination. Held: It is an implied term of any contract of employment that the employer shall not without reasonable and proper cause conduct itself in … Continue reading Malik v Bank of Credit and Commerce International (BCCI); Mahmud v Bank of Credit and Commerce International: HL 12 Jun 1997
The plaintiffs as representatives sought to restrain Amstrad selling equipment with two cassette decks without taking precautions which would reasonably ensure that their copyrights would not be infringed by its users. Held: Amstrad could only be liable as a joint tortfeasor. If they were not a joint tortfeasor they would be under no tortious liability. … Continue reading CBS Songs Ltd v Amstrad Consumer Electronics Plc: HL 12 May 1988
The respondent had made a personal injury claim, but had then been discovered to have wildly and dishonestly exaggerated the damages claim. The defendant argued that the court should hand down some condign form of punishment, and appealed against refusal of a strike out of the claim. The Court of Appeal said that it was … Continue reading Fairclough Homes Ltd v Summers: SC 27 Jun 2012
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
(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
The respondent hosted a blogs platform. One of its user’s blogs was said by the appellant to have been defamatory. On discovery the material had been removed quickly. The claimant now appealed against his claim being struck out. He argued as to: (1) whether there is an arguable case that Google Inc was a publisher … Continue reading Tamiz v Google Inc: CA 14 Feb 2013
The claimant alleged defamation in a tweet by the defendant. The court now decided as a preliminary point, the meaning of the words: ‘Why is Lord McAlpine trending? *Innocent face*’. There had been other but widespread (mistaken) allegations against a senior Conservative of child sexual abuse. Held: The text contained an innuendo that the claimant … Continue reading McAlpine v Bercow: QBD 24 May 2013
Three appeals against the levels of damages awards were heard together, and the court considered the principles to be applied.
Held: In assessing compensation following a libel, the essential question was how much loss and damage did the . .
References: (1940) 64 CLR 130, [1940] HCA 41 Links: Austlii Coram: Rich ACJ, Starke, McTiernan and Williams JJ Ratio: High Court of Australia – The claim sought to sidestep the rule giving immuity to witnesses before a court by alleging a conspiracy to give false evidence. Held: Starke J said: ‘But it does not matter … Continue reading Cabassi v Vila; 12 Dec 1940
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No Valid Evidence to Support Serious Accusations The claimant was filmed being assaulted in the school playground. The film was published on the internet, and the defendant right wing politician re-published it, but falsely said that the claimant had himself been violent. Held: The defendant’s attempt to justify the libel had absolutely no basis in … Continue reading Hijazi v Yaxley-Lennon (Orse Tommy Robinson): QBD 22 Jul 2021
Proof of corruption not needed for bribe In establishing that money was paid as an improper inducement or bribe, proof of corruptness or a corrupt motive was unnecessary. When a court looks at a decision of a judge at first instance, the court stressed the need to look at the objective facts and the overall … Continue reading Armagas Ltd v Mundogas SA (‘The Ocean Frost’): CA 1985
There was a heated dispute between neighbours, culminating in some generous or perhaps over-generous pruning by the claimant of the defendant’s trees and shrubs on the boundaries. The defendants reported the matter to the police. Both Mr and Mrs Dalziel made oral complaints to the officer who attended upon them. He later returned and Mr … Continue reading Buckley v Dalziel: QBD 3 May 2007
The claimant sought damages for libel in an internal email written by her manager, accusing her of being a compulsive liar. The email had not been disclosed save in Employment Tribunal proceedings, and the claimant sought permission to use the email and to extend the limitation period saying it had been withheld. Held: There had … Continue reading McBride v The Body Shop International Plc: QBD 10 Jul 2007
The claimant, a famous writer, complained on behalf of her infant son that he had been photographed in a public street with her, and that the photograph had later been published in a national newspaper. She appealed an order striking out her claim on the basis that the child did not have a right of … Continue reading Murray v Big Pictures (UK) Ltd; Murray v Express Newspapers: CA 7 May 2008
Craigdallie stated settled law: ‘My Lords, I disclaim altogether any right in this or any other civil court of this realm to discuss the truth or reasonableness of any of the doctrines of this or any other religious association, or to say whether any of them are or are not based on a just interpretation … Continue reading General Assembly of Free Church of Scotland v Overtoun: HL 1904
A Hindu religious sect, constituted as a charity, had split into two factions. Held: The court had jurisdiction to order that the assets of the sect should be divided under the powers in the Act, and held upon separate trusts for the two factions. The court declined to adjudicate as to which group was correctly … Continue reading Varsani and others v Jesani, Patel and Her Majesty’s Attorney-General: CA 3 Apr 1998
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
The word ‘calculated’ as used in s.2 of the 1952 Act meant ‘likely’: accepting that, in that context, that meant something less than ‘more likely than not’. Judges: Tugendhat J Citations: [2010] EWHC 2572 (QB) Links: Bailii Statutes: Defamation Act 1952 2 Jurisdiction: England and Wales Cited by: Cited – Lachaux v Independent Print Ltd … Continue reading Andre v Price: QBD 11 Oct 2010
The claimant alleged defamation by the defendant, and the court now considered the meanings of the words complained of. Another person had been held by police for seven hours after identifying the claimant as a transgendered man. Held: The judge rejected a request for his recusal. The judge’s recent involvement in a case involving transgender … Continue reading Hayden v Associated Newspapers Ltd: QBD 11 Mar 2020
There had been a settlement of proceedings for libel brought by Lord Aldington against Mr Nigel Watts and Count Nikolai Tolstoy. Lord Aldington had obtained judgment for andpound;1.5 million in damages against both defendants following a trial. Bankruptcy orders were made against both Mr Watts and Count Tolstoy. By early 1991 Lord Aldington was faced … Continue reading Watts v Aldington, Tolstoy v Aldington: CA 15 Dec 1993
The claimant sought disclosure of identities of posters to the defendant’s web-site. Held: ‘In my view, the postings are clearly one or two-liners, in effect posted anonymously by random members of the public who do not purport, either by their identity or in what they say, to have any actual knowledge of the matters in … Continue reading Clift v Clarke: QBD 18 Feb 2011
‘(1) At common law, a statement is defamatory of the claimant if, but only if, (a) it imputes conduct which would tend to lower the claimant in the estimation of right-thinking people generally, and (b) the imputation crosses the common law threshold of seriousness, which is that it ‘[substantially] affects in an adverse manner the … Continue reading Allen v Times Newspapers Ltd: QBD 15 May 2019
ECJ (Grand Chamber) Regulation (EC) No 44/2001 – Jurisdiction and the enforcement of judgments in civil and commercial matters – Jurisdiction ‘in matters relating to tort, delict or quasi-delict’ – Directive 2000/31/EC – Publication of information on the internet – Adverse effect on personality rights – Place where the harmful event occurred or may occur … Continue reading eDate Advertising GmbH v X: ECJ 25 Oct 2011
The claimant in England sought to recover a loan made pursuant to a facility agreement; the claimant in Greece sought a declaration that the facility agreement was invalid. The defendants sought a stay of the action brought against them here. Held: The application succeeded in part. The proceedings involved the same cause of action.There was … Continue reading JP Morgan Europe Ltd v Primacom Ag and Another: ComC 5 Apr 2005
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 claimant company manufactured electric cars. They claimed that a review of a car on the defendant’s programme ‘Top Gear’ included malicious falsehoods and was defamatory. Held: The defamatory meanings claimed could not properly be attributed to the material in the program. The claim was struck out. Judges: Tugendhat J Citations: [2011] EWHC 2760 (QB) … Continue reading Tesla Motors Ltd and Another v British Broadcasting Corporation: QBD 28 Oct 2011
The appellants challenged the compatibility with the European Convention on Human Rights of the system for recovery of costs in civil litigation in England and Wales following the passing of the Access to Justice Act 1999. The parties had been involved in very substantial litigation over an alleged nuisance. The claimants’ lawyers had acted under … Continue reading Coventry and Others v Lawrence and Another: SC 22 Jul 2015
The claimant alleged defamation by the defendant in an article regarding her expenses claims as an MP. She appealed against summary judgment in favour of the defence in their pleaded defence of honest comment. Held: Laws LJ said: ‘The principle identified in Jameel consists in the need to put a stop to defamation proceedings that … Continue reading Lait v Evening Standard Ltd: CA 28 Jul 2011
The claimant brought defamation claims as to articles making allegations said to imply that the claimant had mistreated his wife. The defendant contended that, while inferences might sometimes suffice, s.1 (1) nevertheless required a claimant to prove on the balance of probabilities that he had suffered, or would be likely to suffer, serious reputational harm, … Continue reading Lachaux v Independent Print Ltd: QBD 30 Jul 2015
Warby J said: ‘ . . but as practitioners in this field are well aware, it is generally impractical for a claimant to seek out witnesses to say that they read the words complained of and thought the worse of the claimant’ Judges: Warby J Citations: [2015] EWHC 127 (QB), [2015] EMLR 13, [2015] 1 … Continue reading Ames and Another v The Spamhaus Project Ltd and Another: QBD 27 Jan 2015
The claimant alleged complicity by the defendant, (now former) Foreign Secretary, in his mistreatment by the US while held in Libya. He also alleged involvement in his unlawful abduction and removal to Libya, from which had had fled for political persecution. The defendants now appealed from rejection of the defendants’ claim to state immunity and … Continue reading Belhaj and Another v Straw and Others: SC 17 Jan 2017
HMRC had been debarred from further participation in the proceedings. BPP provided training courses, and the issue was as to the chargeability to VAT of books supplied between companies in the group. In the proceedings, HMRC repeatedly failed to meet deadlines and an order was made debarring them unless they complied. They did not. They … Continue reading BPP Holdings v Revenue and Customs: CA 1 Mar 2016
The defendants had failed to comply with an ‘unless’ order requiring disclosure, and had been first debarred from defending the cases as to liability. They applied to a second judge who granted relief from sanctions after new solicitors had complied with the order. The claimant challenged the right of the second judge to grant such … Continue reading Thevarajah v Riordan and Others: SC 16 Dec 2015
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
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
Claimants falsehood reduced award to nominal only. The parties disputed the original authorship of bitcoin, the claimant saying he was ‘Satoshi’ that originator. The defendant published a series of tweets denying that connection. Held: One particular publication was to be read as part of the whole series and was defamatory. The defendant knew a conversation … Continue reading Wright v McCormack: QBD 1 Aug 2022
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 appellant sought to restrict publication by the defendants in the Mail on Sunday of matters which he said were a breach of confidence. He had lied to a court in giving evidence, whilst at the same time being ready to trash the reputation of his opponent. The judge had refused to excise the details … Continue reading Lord Browne of Madingley v Associated Newspapers Ltd: CA 3 Apr 2007
Inherent High Court power may restrain Publicity The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to be applied to avoid … Continue reading In re S (a Child) (Identification: Restrictions on Publication): HL 28 Oct 2004
The appellants were magazines and journalists who published, after committal proceedings, the name of a witness, a member of the security services, who had been referred to as Colonel B during the hearing. An order had been made for his name not to be disclosed during the hearing, but the court had had no power … Continue reading Attorney-General v Leveller Magazine Ltd: HL 1 Feb 1979
The court discussed the difference between issue estoppel, and action estoppel: ‘The particular type of estoppel relied upon by the husband is estoppel per rem judicatam. This is a generic term which in modern law includes two species. The first species, which I will call ’cause of action estoppel,’ is that which prevents a party … Continue reading Thoday v Thoday: CA 1964
The newspaper appealed an award of damages for defamation after its theatre critic’s review of an opera written by the claimant. The author said the article made him appear to sympathise with terrorism. Held: The appeal succeeded. Keene LJ said: ‘It is unusual for this court to overturn a judge who has ruled that a … Continue reading Associated Newspapers Ltd v Burstein: CA 22 Jun 2007
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
Various parties appealed refusal and grant of extensions of time for service of claim forms. Held: The court gave detailed guidance. The three central issues were the proper construction of the rule, the question of whether the court could reconsider an application made without notice and on paper, and whether the Hashtroodi guidance was being … Continue reading Collier v Williams and others: CA 25 Jan 2006
A unit constructed by the claimant had collapsed under a weight of rainwater. It had been constructed according to a design provided by the defendants. The claimants had discontinued the action on the morning of the trial, and the defendants now sought costs on an indemnity basis. Held: An order for indemnity costs may only … Continue reading Wates Construction Ltd v HGP Greentree Allchurch Evans Ltd: TCC 10 Oct 2005
The claimant appealed against refusal of an order restraining publication by the respondent of an article about her. She said that it was based upon an email falsely attributed to her. Held: ‘in an action for defamation a court will not impose a prior restraint on publication unless it is clear that no defence will … Continue reading Greene v Associated Newspapers Ltd: CA 5 Nov 2004
The court was asked whether a defendant domiciled in the United States of America be served by means of email with a claim form issued in England. Judges: Tugendhat J Citations: [2011] EWHC 1072 (QB), [2012] 1 WLR 753, [2011] All ER (D) 37, [2011] 2 All ER (Comm) 852 Links: Bailii Jurisdiction: England and … Continue reading Bacon v Automattic Inc and Others: QBD 6 May 2011
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
A claim was brought against a medical witness in respect of statements made in preparation of a witness statement and similar statements subsequently made in court. The appellant was a doctor of medicine who had been retained by the respondent in respect of proposed proceedings against her husband for separation and aliment. He was later … Continue reading Watson v M’Ewan: HL 1905
Misuse of Power for ulterior object D1 and D2 lent C 80 pounds repayable in 1837, secured by a mortgage on C’s vessel. C was to be free to continue to use the vessel in the interim but the law forbade its use if he were to cease to hold its register. In 1836 the … Continue reading Grainger v Hill: CEC 1838
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
The newspapers challenged orders preventing their publication of extracts of the ‘Spycatcher’ book. Held: The dangers inherent in prior restraints are such that they call for the most careful scrutiny on the part of the court. This is especially so as far as the press is concerned, for news is a perishable commodity and to … Continue reading Observer and Guardian v The United Kingdom: ECHR 26 Nov 1991
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 claimant sought protection under the Act from his former employers’ behaviour in making repeated allegations against him. He appealed against the striking out of his claim. Held: The appeal suceeded. The matter should go to trial. The defendants had written three letters and ‘these three letters, particularly when viewed in the light of each … Continue reading Iqbal v Dean Manson Solicitors: CA 15 Feb 2011
The applicant had been required to pay andpound;124,900 as security for the respondent’s costs as a condition of his appeal against an award of damages in a defamation case. Held: It followed from established case law that article 6(1) did not guarantee a right of appeal. It was not disputed that the security for costs … Continue reading Tolstoy Miloslavsky v United Kingdom: ECHR 19 Jul 1995
A coalmine owner claimed statutory compensation against a water undertaking which had, under its statutory authority, prevented him mining his coal over a period during which the price of coal had risen. The House was asked whether the coal should be valued as at the beginning of the period or at its value during the … Continue reading Bwllfa and Merthyr Dare Steam Collieries (1891) Ltd v Pontypridd Waterworks Co: HL 1903
