There was as allegation of defamation by one doctor against another.
Held: Eady J said: ‘To participate in a publication in such a way as to be liable in accordance with the law of defamation is not, I should emphasise, to be equated with being a source of the information contained within the relevant document. There are various acts that can give rise to legal responsibility, for example, encouraging the primary author, supplying him with information intending or knowing that it will be re-published, or, if one is in a position to do so, instructing or authorising him to publish it.’
Eady J considered the role of a jury not only in coming to conclusions of primary fact but also in drawing any appropriate inferences, saying: ”First, it seems that I should address the primary facts relied upon by the claimant for establishing the defendant’s responsibility for the publication of the 12th January letter. The burden is upon the claimant to establish those facts at trial. At this stage, I should make all assumptions in favour of the claimant so far as pleaded facts are concerned.
Again, in so far as evidence has been introduced for the purpose of the present application, I should assume that those facts will be established, save in so far as it can be demonstrated on written evidence that any particular factual allegation is indisputably false.
The next question is whether, on the facts assumed, a properly directed jury could draw the inference for which the claimant contends. In this case, of course, the inference is that the second defendant was, in some sense, a participant in the publication of the letter. I should only rule out the case against the second defendant if I am satisfied that a jury would be perverse to draw that inference . .
If the defendant’s case is so clear that it cannot be disputed, there would be nothing left for a jury to determine. If, however, there is room for legitimate argument, either on any of the primary facts or as to the feasibility of the inference being drawn, then a judge should not prevent the claimant having the issue or issues resolved by a jury. I should not conduct a mini-trial or attempt to decide the factual dispute of first appearances when there is the possibility that cross-examination might undermine the case that the defendant is putting forward.’
Judges:
Eady J
Citations:
[2002] EWHC 1692 (QB)
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Bray v Deutsche Bank Ag QBD 12-Jun-2008
A former employee of the defendant bank sued in defamation after the bank published a press release about its results which he said was critical of him.
Held: Where there is a real issue as to whether the words are defamatory of the claimant, . .
Cited – Miller v Associated Newspapers Ltd QBD 11-Nov-2003
A policemen sued in defamation. The newspaper pleaded Reynolds qualified privilege.
Held: The plea was struck out. There has developed tendency of defendants to plead qualified privilege since the Reynolds decision in ‘rather waffly . .
Cited – Ali v Associated Newspapers Ltd QBD 27-Jan-2010
The claimant sought damages in defamation, saying that a combination of publications identified him.
Held: Eady J briefly discussed the effect of hyperlinks in the context of a dispute about meaning or reference in a defamation case. . .
Cited – Turley v Unite The Union and Another QBD 19-Dec-2019
Defamation of Labour MP by Unite and Blogger
The claimant now a former MP had alleged that a posting on a website supported by the first defendant was false and defamatory. The posting suggested that the claimant had acted dishonestly in applying online for a category of membership of the . .
Lists of cited by and citing cases may be incomplete.
Defamation
Updated: 22 September 2022; Ref: scu.270318
