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
Issues about the proper interpretation and effect of section 9 of the 2013 Act. Section 9(2) provides that ‘A court does not have jurisdiction to hear and determine an action to which this section applies unless the court is satisfied that, of all the places in which the statement complained of has been published, England … Continue reading Wright v Ver: CA 29 May 2020
A strike out was sought alleging gross delay and an abuse of process. Held: The strike out was granted both as to the claim and counter claims.Hamblen J discussed first the issues surrounding delay: ‘In summary, the authorities provide the following guidance: (1) There are no hard and fast rules. The court has to make … Continue reading Panamax Star Owners and or Bailees of The Cargo of The Ship) v Auk (Owners of The Ship): AdCt 18 Dec 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
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
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 sought an order to restrain anticipated defamatory comments and evidence to be given to an employment tribunal. Held: It could not be said as the claimant asserted that dfeences were bound to fail, and no determination should be made before trial. Nor were the claimant’spleadings yet to the required standard. Judges: Sharp J … Continue reading Vaughan v London Borough of Lewisham and Others: QBD 11 Apr 2013
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
Judges: Sir Terence Etherton Ch, Rix, Lewison LJJ Citations: [2013] EWCA Civ 149 Links: Bailii Statutes: Protection from Harassment Act 1997 Jurisdiction: England and Wales Citing: See Also – Iqbal v Dean Manson Solicitors CA 15-Feb-2011 The claimant sought protection under the Act from his former employers’ behaviour in making repeated allegations against him. He … Continue reading Iqbal v Dean Manson Solicitors and Others (No 2): CA 5 Mar 2013
Citations: [2013] EWCA Civ 19 Links: Bailii Jurisdiction: England and Wales Cited by: Cited – Elvanite Full Circle Ltd v AMEC Earth and Environmental (UK) Ltd TCC 14-Jun-2013 Following the proncipal judgment there were disputes as to the basis of assessment of costs and the interaction between the existing costs management order (which approved the … Continue reading Henry v News Group Newspapers Ltd: CA 28 Jan 2013
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
‘(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
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
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
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
The court set out to settle the precise defamatory meanings alleged. Trustees of an Education Centre had appointed a relative of three existing trustees to join them. The claimant chairman resigned, objecting to what he said was poor governence. The trustees issued the statement complained of in response. Held: The claim was struck out. The … Continue reading Auladin v Shaikh and Others: QBD 5 Feb 2013
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
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
Citations: [2008] ScotCS CSIH – 66 Links: Bailii Jurisdiction: Scotland Citing: See Also – Moore v Scottish Daily Record and Sunday Mail Ltd SCS 7-Aug-2008 . . Cited by: Cited – Davies and Another (T/A All Stars Nursery) v The Scottish Commission for The Regulation of Care SC 27-Feb-2013 The appellants ran a day care … Continue reading Moore v The Scottish Daily Record and Sunday Mail Ltd: SCS 9 Dec 2008
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 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
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
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
(New South Wales) Lord Morris of Borth-y-Gest discussed how words subject to a claim in defamation should be read: ‘In deciding whether words are capable of conveying a defamatory meaning the court will reject those meanings which can only emerge as the product of some strained or forced or utterly unreasonable interpretation.’ As to the … Continue reading Jones v Skelton: PC 1963
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
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
Application by the Defendant, Squire Sanders LLP, to strike out this libel action under CPR paragraph 4.1 of PD 53, on the ground that the words complained of in this libel action are incapable of bearing the meaning pleaded Judges: Sharp J Citations: [2013] EWHC 2404 (QB) Links: Bailii Jurisdiction: England and Wales Defamation Updated: … Continue reading Hodgins v Squire Sanders Llp: QBD 1 Aug 2013
The claimant, who had been convicted of murder, complained that an article defamed him by calling him a ‘grass’ or police informer. The defendant asked that the claimant’s defamation action be struck out as an abuse. Held: While the suggestion would clearly have made the claimant’s life in prison very much more difficult, but it … Continue reading Williams v MGN Ltd: QBD 2 Dec 2009
Judgment on the second stage of the trial of a claim for libel and malicious falsehood. Held: Tugendhat J adopted the meaning ‘more likely than not to cause pecuniary damage’ for ‘calculated to’. Judges: Tugendhat J Citations: [2013] EWHC 2298 (QB) Links: Bailii Jurisdiction: England and Wales Citing: See Also – Cruddas v Calvert and … Continue reading Cruddas v Calvert and Others: QBD 31 Jul 2013
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
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 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
(High Court of Australia) Criminal Law – Abuse of process – Stay of proceedings – Action for wrongful dismissal against university – Information for criminal defamation by plaintiff against officer of university – Predominant purpose of informant to secure reinstatement or favourable settlement of action – Whether abuse of process.Brennan J attempted a partial definition … Continue reading Williams v Spautz: 27 Jul 1992
The plaintiff, a trawler skipper sailing out of Grimsby, was a member of the Grimsby Fishermens’ Trades Union. A committee member was the defendant. The plaintiff was among those voting for a strike, and an unofficial strike was called. The defendant was said to have visited the owner’s offices asking for a ship to go … Continue reading Myroft v Sleight: 1921
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
The House was asked whether a conversation between a person seeking the services of a solicitor in relation to the purchase of real property and the solicitor was privileged in circumstances where the solicitor was being requested to lend the deposit payable under the transaction but was not prepared to do so and declined to … Continue reading Minter v Priest: HL 1930
The court was asked about the liability in defamation of a circulating library who provided books to subscribers, in this case about the book on Stanley’s search for Emir Pasha in Africa. Judges: Romer LJ Citations: [1900] 2 QB 170 Jurisdiction: England and Wales Cited by: Cited – Godfrey v Demon Internet Limited QBD 26-Mar-1999 … Continue reading Vizetelly v Mudie’s Select Library: 1900
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
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
Dr Trapp had been dismissed from his post by the Aberdeenshire Education Committee of which Mr Mackie was chairman. Dr Trapp petitioned the Secretary of State for an inquiry into the reasons for his dismissal. An inquiry was set up, and in the course of that inquiry Mr Mackie gave evidence. On the basis of … Continue reading Trapp v Mackie: HL 1979
The section gives the court jurisdiction to make an administration order if it ‘(a) is satisfied that a company is or is likely to become unable to pay its debts’ and ‘(b) considers that the making of an order . . would be likely to achieve’ one or more of the purposes specified in s8(3). … Continue reading In re Harris Simons Construction Limited: ChD 1989
Nicholas Browne-Wilkinson V-C said: ‘However, in this case the plaintiffs rely on the decision . . in Gulf Oil (Great Britain) Ltd v. Page . . which shows that, where the cause of action is founded on conspiracy to injure, the court can grant an injunction restraining publication.It is the plaintiffs’ case here that they … Continue reading Femis Bank v Lazard: 1991
The Court of Appeal allowed an appeal against an order for the trial of a preliminary issue, since in its view the issue of privilege the subject of the order might require for its determination an investigation of fact in greater detail than the facts alleged in the statement of claim, on the basis of … Continue reading Richards v Naum: CA 1967
The plaintiff pleaded that on a day at the end of 1910 or early in 1911 the defendant published specified defamatory words to Le Grys and further during the years 1910, 1911 and 1912 the defendant published similar words. The slander imputed immoral conduct to the plaintiff, a married woman. The plaintiff stated that she … Continue reading Barham v Lord Huntingfield: CA 1913
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
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
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
The parties had been married and divorced. Mrs S told M S’s new partner on Facebook that he had tried to strangle her and made other allegations. Mrs S now appealed from a finding that she had defamed him. Lord Kerr restated the approach to meaning in defamation actions: ‘Therein lies the danger of the … Continue reading Stocker v Stocker: SC 3 Apr 2019
The House described the different origins of libel and slander. Libel was regarded by the Court of Star Chamber not merely as a crime punishable as such, but also as a wrong carrying the penalty of general damages, and this remedy was carried forward by the common law courts after Star Chamber was abolished by … Continue reading Jones v Jones: HL 1916
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
(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
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 plaintiff was an engineer and boiler-maker. He alleged that a statement in the local newspaper that he had ceased business had caused him loss. The evidence that was given at trial consisted of general evidence of a downturn in trade; but the plaintiff did not give evidence of the loss of any specific customer. … Continue reading Ratcliffe v Evans: CA 28 May 1892
A defendant cannot rely in mitigation of damages on the fact that similar defamatory statements have been published about the same claimant by other persons. Citations: [1964] AC 371 Jurisdiction: England and Wales Cited by: Cited – Lachaux v Independent Print Ltd and Another SC 12-Jun-2019 Need to Show Damage Increased by 2013 Act The … Continue reading Associated Newspapers Ltd v Dingle: HL 1974
Family law proceedings such as judicial separation do give rise to civil rights. In complex cases article 6 might require some provision for legal assistance, the precise form being a matter for the member state. The Court reiterated the importance of the right of access to a court, having regard to the prominent place held … Continue reading Airey v Ireland: ECHR 9 Oct 1979
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
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
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
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
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
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
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
(Hong Kong Court of Final Appeal) Lord Neuberger of Abbotsbury said 138 that the criticism of the single meaning rule’s artificiality and (implicitly) its irrationality was misplaced. He suggested that the identification of a single meaning to be accorded a statement arose ‘in many areas of law, most notably . . the interpretation of statutes, … Continue reading Oriental Daily Publisher Ltd v Ming Pao Holdings Ltd: 2013
Courts to Settle upon a single meaning if disputed The ‘single meaning’ rule adopted in the law of defamation is in one sense highly artificial, given the range of meanings the impugned words sometimes bear. The law of defamation ‘has passed beyond redemption by the courts’. Where in a libel action there is a dispute … Continue reading Slim v Daily Telegraph Ltd: CA 1968
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
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
The court considered issues about the application of the rules on pleading and proof of publication in defamation, the serious harm requirement in s 1(1) of the Defamation Act 2013, and the abuse of process doctrine in Jameel (Yousef) v Dow Jones Inc Held: The Defendant had, on the evidence, demonstrated that no serious harm … Continue reading Bode v Mundell: QBD 19 Oct 2016
Mr Seager had invented a patented carpet grip which he manufactured and marketed under the trade mark Klent. There were protracted negotiations between Mr Seager and Copydex over a proposal for Copydex to market the Klent. One of the issues in the negotiations was the price at which Mr Seager was to supply the product. … Continue reading Seager v Copydex Ltd: CA 1967
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
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
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
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 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 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
Offence must be ;in accordance with law’ The court considered the meaning of the need for an offence to be ‘in accordance with law.’ The applicants did not argue that the expression prescribed by law required legislation in every case, but contended that legislation was required only where the common law rules were so uncertain … Continue reading The Sunday Times (No 1) v The United Kingdom: ECHR 26 Apr 1979
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
The court considered the damages to be awarded afer a libellous television broadcast on Sky TV. The claimants were MPs for Rotherham. There had been a large scale abuse of children, and they had been accused of not responding properly to it by the defendant, a political opponent. Held: The Court is able to give … Continue reading Barron MP and Another v Vines: QBD 29 Apr 2015
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 court examined the liability in defamation of distributors of a magazine, ‘The detective story magazine’ containing the article ‘Swindlers and Scoundrels. Horatio Bottomley, Editor and Embezzler.’ Woolworth was absolved from liability for publication of the defamatory attack in a consignment of remaindered American magazines that it distributed; the company did not check every magazine … Continue reading Bottomley v F W Woolworth: 1932
Interim Injunctions in Patents Cases The plaintiffs brought proceedings for infringement of their patent. The proceedings were defended. The plaintiffs obtained an interim injunction to prevent the defendants infringing their patent, but they now appealed its discharge by the Court of Appeal. Held: The questions which applied when looking for an interim injunction in patent … Continue reading American Cyanamid Co v Ethicon Ltd: HL 5 Feb 1975
‘The paying parties appeal against a decision of the High Court reversing a decision of the costs judge, whereby he declined to set aside his earlier order granting an extension of time for serving the points of dispute. The principal issues in this appeal are whether the costs judge was dealing with relief from sanctions … Continue reading Hallam Estates Ltd and Another v Baker: CA 19 May 2014
[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
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
Freedom of expression Award of damages against a historian and a publisher for alleging that a public official had collaborated with the state security services during the Communist era: violation Facts – In 2007 a literary and political weekly owned by Irodalom Kft (the second applicant) published a study by a historian, Mr Ungvary (the … Continue reading Ungvary And/Et Irodalom Kft v Hungary: ECHR 3 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
The Defendant sought an order that the libel action be struck out under CPR 3.4 (2)(a) and/or (b), or that summary judgment be entered against the Claimant on the whole claim, pursuant to CPR 24.2, on the ground that the claim had no real prospect of success. Tugendhat J [2013] EWHC 3551 (QB) Bailii Defamation, … Continue reading Mireskandari v Centaur Media Plc: QBD 19 Nov 2013
