The defendant disputed whether the words complained of were defamatory, and whether the action was an abuse as being ‘not worth the candle’. The parties were in opposition over a proposed development of a biomass plant.
Held: The court found defamatory meaning in the words used.
As to the abuse claim, a defamation claimant need not be interested only in damages, and in this case the claimant was entitled to seek vindication.
Judges:
Chambers QC J
Citations:
[2012] EWHC 976 (QB)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Thornton v Telegraph Media Group Ltd QBD 16-Jun-2010
The claimant said that a review of her book was defamatory and a malicious falsehood. The defendant now sought summary judgment or a ruling as to the meaning of the words complained of.
Held: The application for summary judgment succeeded. The . .
Cited – 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 . .
Cited – Schellenberg v British Broadcasting Corporation QBD 2000
The claimant had settled defamation actions against the Guardian and the Sunday Times on disadvantageous terms, when it seemed likely that he was about to lose. He then pressed on with this almost identical action against the BBC.
Held: A . .
Cited – Ecclestone v Telegraph Media Group Ltd QBD 6-Nov-2009
The defendant newspaper published a diary piece about the claimant, who alleged that it meant that she: ‘was disrespectful and dismissive of the McCartneys and Annie Lennox to the point of being willing to disparage them publicly for promoting . .
Cited – Cairns v Modi QBD 10-Nov-2010
Tugendhat J said: ‘A claimant’s primary concern in a libel action is vindication, not damages for what has been suffered in the past. So the damage that has occurred before the action is brought may not give an indication of the importance of the . .
Cited by:
Appeal from – Cammish v Hughes CA 12-Dec-2012
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. . .
Lists of cited by and citing cases may be incomplete.
Defamation
Updated: 12 November 2022; Ref: scu.470149