Maccaba v Lichtenstein (No Special Damage): QBD 2 Jul 2004

Ruling on the application by the Defendant that judgment be entered in his favour in relation to the claim against him in slander. The basis of the application is in short that no special damage is alleged to have been suffered by the Claimant and that this is not one of the category of cases in which the need to prove special damage in a slander action is dispensed with by the provisions of section 2 of the Defamation Act 1952.

Judges:

Gray J

Citations:

[2004] EWHC 1580 (QB)

Links:

Bailii

Statutes:

Defamation Act 1952 2

Jurisdiction:

England and Wales

Citing:

See AlsoMaccaba v Lichtenstein (Privilege) QBD 2-Jul-2004
Ruling on the question whether the slanders of which the Claimant complains in this action were uttered by the Defendant on occasions protected by qualified privilege. . .
See AlsoMaccaba v Lichtenstein (expectation of Privacy) QBD 2-Jul-2004
Gray J considered whether an expectation of privacy arose in a letter sent to another person: ‘as a general rule correspondence between A and B on private matters such as their feelings for one another would be a prime candidate for protection.’ . .
See AlsoMaccaba v Lichtenstein QBD 15-Apr-2003
Claims in slander, harassment and breach of confidence. . .
Lists of cited by and citing cases may be incomplete.

Defamation

Updated: 21 July 2022; Ref: scu.269951

Jarvis Plc and Others v Pricewaterhousecoopers: ChD 13 Jul 2000

A company’s auditors resigned, and issued a notice detailing circumstances which they thought should be brought to the attention of the shareholders. The claimants issued proceedings, claiming the notice merely sought to bring attention to defamatory matter. They discontinued, and the defendants applied for an order that the contents of the notice be distributed to the persons interested. The order was made. There was no need for a declaration that the purpose of the original notice had not been to seek publicity as alleged.

Citations:

Gazette 03-Aug-2000, [2000] EWHC Ch 78

Links:

Bailii

Jurisdiction:

England and Wales

Company, Defamation

Updated: 21 July 2022; Ref: scu.162994

Moore v The Scottish Daily Record and Sunday Mail Ltd: SCS 9 Dec 2008

Citations:

[2008] ScotCS CSIH – 66

Links:

Bailii

Jurisdiction:

Scotland

Citing:

See AlsoMoore v Scottish Daily Record and Sunday Mail Ltd SCS 7-Aug-2008
. .

Cited by:

CitedDavies 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 nursery regulated under the 2001 Act. The Commission, being concerned at the care provided, sought to revoke the registration in proceedings before the Sherriff’s Court. Before they were concluded, the Commission was . .
Lists of cited by and citing cases may be incomplete.

Scotland, Defamation

Updated: 21 July 2022; Ref: scu.278869

John v Guardian News and Media Ltd: QBD 12 Dec 2008

The court is entitled to take account of the nature of the hypothetical reasonable reader, in this case the ‘educated readership’ of the Guardian Weekend section, when deciding the impied meanings in a statement said to be defamatory. Tugendhat J warned of the Scylla and Charybdis between which the judge must steer a course: setting too low a meaning may deprive the claimant of his right to vindication before a court, and setting it too high may wrongly burden the defendant with libel proceedings which cannot be defended.

Judges:

Tugendhat J

Citations:

[2008] EWHC 3066 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

CitedThornton 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 . .
CitedHamaizia and Another v The Commissioner of Police for The Metropolis QBD 21-Oct-2014
The two claimants, each convicted of serious offences of false imprisonment and violent assault, complained of a press release issued by the defendant which, they said accused them of involvement in a murder.
Held: The words complained of did . .
Lists of cited by and citing cases may be incomplete.

Defamation

Updated: 21 July 2022; Ref: scu.278795

Watson v Daily Record Ltd: CA 1907

The court considered what was necessary to justify the court taking jursdiction against a non-resident defendant in a defamation action.
Cozens-Hardy LJ said: ‘Now it seems plain that the Court has a discretion, and that a plaintiff cannot acquire a right to serve a defendant out of the jurisdiction by the mere fact that his writ claims an injunction. The Court must at least be satisfied that the claim for an injunction is made in good faith. This was decided by the Divisional Court in De Bernales v. New York Herald, where Lopes LJ. said: ‘I do not believe the claim for an injunction is made bona fide, but merely to bring the case within Order XI. There is no evidence of any apprehended repetition of the libel, and indeed, having regard to the circumstances, it is most improbable that it will be repeated . . The giving leave to serve notice of writs out of the jurisdiction is a matter of judicial discretion.’ It must not be inferred from the language used by Lopes LJ in that case that want of good faith is a complete or exhaustive statement of the grounds for refusing to order service out of the jurisdiction. If the Court is satisfied that, even assuming the plaintiff to have a good cause of action, there is no reasonable probability that he will obtain an injunction, the Court ought not to consider the insertion of a claim for an injunction as sufficient to justify service on a person resident out of the jurisdiction. The Court is bound to consider all the circumstances disclosed by the affidavits, and to take care that a Scotchman, or it may be a foreigner, is not improperly made amenable to the orders of an English tribunal.’

Judges:

Cozens-Hardy LJ

Citations:

[1907] 1 KB 853

Jurisdiction:

England and Wales

Cited by:

CitedAshton Investments Ltd. and Another v OJSC Russian Aluminium (Rusal) and others ComC 18-Oct-2006
The claimants sought damages for breach of confidence saying that the defendants had hacked into their computer systems via the internet to seek privileged information in the course of litigation. The defendants denied this and said the courts had . .
Lists of cited by and citing cases may be incomplete.

Defamation, Jurisdiction

Updated: 21 July 2022; Ref: scu.245759

H v Tomlinson: CA 13 Nov 2008

The court was aksed, where a claim for damages for libel and slander is dismissed because the sting of the defamation is defeated by the defence of justification, can the same remarks nonetheless found a claim for breach of the claimant’s Article 8 right to respect for his privacy and reputation?

Judges:

Ward, Sedley, Longmore LJJ

Citations:

[2009] ELR 14, [2008] EWCA Civ 1258

Links:

Bailii

Statutes:

European Convention on Human Rights 8

Jurisdiction:

England and Wales

Defamation, Human Rights

Updated: 19 July 2022; Ref: scu.277917

Cleese v Clark: QBD 2003

The court looked at the calculation of damages after an offer of amends under the Act by the defendant.
Held: Such calculations have to be linked to the very different circumstances of each case. Comparisons with awards after jury trial were unhepful: ‘I am not concerned with hypothesising as to what a particular group of 12 lay persons might have done, on the basis of what other groups of lay persons have done in the past’ and ‘I must also have an eye to the levels of compensation awarded in personal injury claims. That is in accordance with the modern practice and was only recognised as acceptable following the Court of Appeal’s decision in John v MGN Ltd [1997] Q.B. 586. It is important to realise that there have been relatively few jury awards over the intervening period. One needs naturally to put to one side some of the well known awards in earlier cases where juries were not invited to take such factors into account. There is, therefore, as we have been told more than once recently, a ‘new landscape’ and assessments have to be made without the baggage of that previous experience.’ He continued: ‘the amount of financial compensation is likely to be assessed partly be reference to the timing, scope and effectiveness of any apology made, or proffered, and it clearly makes sense for the two matters to be on the agenda for discussion at the same time.’
It is appropriate in defamation, as in other areas of the law, for a tortfeasor to ‘take his victim as he finds him’.

Judges:

Eady J

Citations:

[2004] EMLR 37, [2003] EWHC 137 (QB)

Statutes:

Defamation Act 1996 3(5)

Jurisdiction:

England and Wales

Citing:

CitedJohn v MGN Ltd CA 12-Dec-1995
Defamation – Large Damages Awards
MGN appealed as to the level of damages awarded against it namely pounds 350,000 damages, comprising pounds 75,000 compensatory damages and pounds 275,000 exemplary damages. The newspaper contended that as a matter of principle there is no scope in . .

Cited by:

CitedNail v Jones, Harper Collins Publications Ltd; Nail v News Group Newspapers Ltd, Wade etc QBD 26-Mar-2004
The claimant was upset by an article published by the defendant making false allegations that he had behaved in a sexually profligate manner many years earlier. When it was substantially repeated he sued.
Held: The words were defamatory. An . .
CitedNail and Another v News Group Newspapers Ltd and others CA 20-Dec-2004
The claimant appealed the award of damages in his claim for defamation. The defendants had variously issued apologies. The claimant had not complained initially as to one publication.
Held: In defamation proceedings the damage to feelings is . .
CitedAdelson and Another v Associated Newspapers QBD 19-Feb-2008
Complaint was made that an article was defamatory of the owner of Manchester United. The defendant now argued that the game was not worth the candle. The costs vastly exceeded any possible recovery, and it had openly offered vindication, and that . .
CitedBowman v MGN Ltd QBD 26-Apr-2010
The claimant complained of an article on the defendant’s web-site. The defendant offered an unqualified offer of amends. The court was asked to settle an amount of compensation. Though the article was removed within a few hours and upon receipt of . .
Lists of cited by and citing cases may be incomplete.

Defamation, Damages

Updated: 19 July 2022; Ref: scu.195004

Nail v Jones, Harper Collins Publications Ltd; Nail v News Group Newspapers Ltd, Wade etc: QBD 26 Mar 2004

The claimant was upset by an article published by the defendant making false allegations that he had behaved in a sexually profligate manner many years earlier. When it was substantially repeated he sued.
Held: The words were defamatory. An offer of amends had been made, and the court had to ask what effect that had on the damages. A healthy discount was appropriate, but the court had to recognise this could not be calculated strictly. It would remain arbitrary. The court should still refer to personal injury awards as a guide starting point for assessment of damages. The damages for the book were set at andpound;7,500 and for the repetition in the newspaper at 45,000 reduced by 50% for the offer of amends.

Judges:

Eady J

Citations:

[2004] EWHC 647 (QB)

Links:

Bailii

Statutes:

Defamation Act 1996 3(5)

Jurisdiction:

England and Wales

Citing:

CitedDingle v Associated Newspapers HL 1964
The plaintiff complained of an article written in the Daily Mail which included the reporting of a report of a Parliamentary select committee. The reporting of the select committee’s report was privileged under the Parliamentary Papers Act 1840. At . .
CitedWatts v Aldington, Tolstoy v Aldington CA 15-Dec-1993
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. . .
CitedTolstoy Miloslavsky v United Kingdom ECHR 19-Jul-1995
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 . .
CitedCleese v Clark QBD 2003
The court looked at the calculation of damages after an offer of amends under the Act by the defendant.
Held: Such calculations have to be linked to the very different circumstances of each case. Comparisons with awards after jury trial were . .
CitedMawdsley v Guardian Newspapers Ltd QBD 2002
The court asked whether the summary judgment procedure under sections 8 to 10 of the 1996 Act, with its ceiling of andpound;10,000, was appropriate in a case in which a jury after a trial might award andpound;30,000. He decided that it was . .
CitedJones v Pollard, Mirror Group Newspapers Limited and Bailey CA 12-Dec-1996
Articles in consecutive issues of The Sunday Mirror accused the plaintiff of pimping for the KGB, organising sex with prostitutes for visiting British businessmen and then blackmailing them. The defendants pleaded justification. The plaintiff . .
CitedRiches v News Group Newspapers Ltd CA 20-Feb-1985
The defendant published serious defamatory allegations against several plaintiff police officers. The defendant newspaper appealed against an award of andpound;250,000 exemplary damages for their defamation of the respondent police officers.

Cited by:

Appeal fromNail and Another v News Group Newspapers Ltd and others CA 20-Dec-2004
The claimant appealed the award of damages in his claim for defamation. The defendants had variously issued apologies. The claimant had not complained initially as to one publication.
Held: In defamation proceedings the damage to feelings is . .
Lists of cited by and citing cases may be incomplete.

Defamation, Damages

Updated: 19 July 2022; Ref: scu.194995

Riches v News Group Newspapers Ltd: CA 20 Feb 1985

The defendant published serious defamatory allegations against several plaintiff police officers. The defendant newspaper appealed against an award of andpound;250,000 exemplary damages for their defamation of the respondent police officers.
Held: Damages for defamation might be increased where a newspaper advertised the story complained of. Nevertheless, a retrial was ordered. The jury should be asked to make one award of exemplary damages which should then be divided between the plaintiffs. The award of exemplary damages was proper because there was evidence that the defendant had calculated the risk of damages against the benefit of increased sales.

Judges:

Stephenson LJ, Parker LJ, Park J

Citations:

[1986] QB 256, [1985] EWCA Civ 20, [1985] 3 WLR 432, [1985] 2 All ER 845

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

AppliedRookes v Barnard (No 1) HL 21-Jan-1964
The court set down the conditions for the award of exemplary damages. There are two categories. The first is where there has been oppressive or arbitrary conduct by a defendant. Cases in the second category are those in which the defendant’s conduct . .
AppliedBlackshaw v Lord CA 1984
Claim to privilege must be precisely focused
The Daily Telegraph carried an article headed ‘Incompetence at ministry cost pounds 52 million’ recording that a number of senior civil servants had been reprimanded after investigation by the Public Accounts Committee. The plaintiff had been in . .
AppliedCassell 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. . .

Cited by:

CitedLancashire County Council v Municipal Mutual Insurance Ltd CA 3-Apr-1996
The defendant agreed to indemnify the insured ‘in respect of all sums which the insured shall become legally liable to pay as compensation arising out of’ various matters including wrongful arrest, malicious prosecution and false imprisonment. The . .
CitedNail v Jones, Harper Collins Publications Ltd; Nail v News Group Newspapers Ltd, Wade etc QBD 26-Mar-2004
The claimant was upset by an article published by the defendant making false allegations that he had behaved in a sexually profligate manner many years earlier. When it was substantially repeated he sued.
Held: The words were defamatory. An . .
CitedVellino v Chief Constable of Greater Manchester Police CA 31-Jul-2001
The police were not under any duty to protect someone who had been arrested from injuring himself in an attempt to escape. The claimant had a history of seeking to avoid capture by jumping from his flat window. On this occasion he injured himself in . .
CitedAT and others v Dulghieru and Another QBD 19-Feb-2009
The claimants had been subject to unlawful human trafficking. Their abductors had been imprisoned, and they now sought damages. The court was asked now to assess the damages to be awarded for sexual enslavement. Each claimant suffered chronic post . .
CitedAT and others v Dulghieru and Another QBD 19-Feb-2009
The claimants had been subject to unlawful human trafficking. Their abductors had been imprisoned, and they now sought damages. The court was asked now to assess the damages to be awarded for sexual enslavement. Each claimant suffered chronic post . .
Lists of cited by and citing cases may be incomplete.

Defamation, Damages

Updated: 19 July 2022; Ref: scu.182945

Farrall v Kordowski: QBD 2011

A posting on a website criticised the competence and integrity of a solicitor. The posting was thought to have been live for about a month. On an application under ss 8 and 9 of the 1996 Act in a claim which was undefended Lloyd-Jones J awarded andpound;10,000.

Citations:

[2011] EWHC 2140 (QB)

Statutes:

Defamation Act 1996 8 9

Jurisdiction:

England and Wales

Cited by:

CitedBrett Wilson Llp v Person(s) Unknown, Responsible for The Operation and Publication of The Website www.solicitorsfromhelluk.com QBD 16-Sep-2015
The claimant solicitors sought remedies against the unknown publishers of the respondent website which was said to publish material defamatory of them, and to ampunt to harassment.
Held: The alleged defamatory meanings were not challenged by . .
Lists of cited by and citing cases may be incomplete.

Defamation, Damages

Updated: 19 July 2022; Ref: scu.552389

Mosley v News Group Newspapers Ltd: Admn 1 Jul 2008

The claimant the son of a former fascist leader, sought damages for breach of confidence and a right to a private life after the defendant newspaper published stories alleging that his involvement with prostitutes had included nazi rituals. The defendant argued that the claimant’s right to a private life was overborn by greater public interest.
Held: The claim succeeded. To establish a claim in confidence he had to show a reasonable expectation of privacy, and that that right was not set aside by any balancing exercise involving freedom of expression. There had been a breach of the right of private life by the woman who had recorded the events. Here there was no greater good served by publication. The sado-masochism was consensual and involved no threat or children, and involved no issue of public interest. Nor here were there any public claims of impropriety by the claimant.

Judges:

Eady J

Citations:

[2008] EWHC 2341 (QB), Times 30-Jul-2008

Links:

Bailii

Statutes:

European Convention on Human Rights 10

Citing:

See AlsoMosley v News Group Newspapers Ltd QBD 9-Apr-2008
The claimant sought to continue an interim injunction requiring the defendant not to publish a film on its website.
Held: A claimant’s Article 8 rights may be engaged even where the information in question has been previously publicised. . .

Cited by:

See AlsoMosley v The United Kingdom ECHR 22-Oct-2009
. .
See AlsoMosley v The United Kingdom ECHR 10-May-2011
The claimant complained of the reporting of a sexual encounter which he said was private.
Held: The reporting of ‘tawdry allegations about an individual’s private life’ does not attract the robust protection under Article 10 afforded to more . .
Lists of cited by and citing cases may be incomplete.

Defamation, Human Rights, Media

Updated: 19 July 2022; Ref: scu.276983

Tesco Stores Ltd v Guardian News and Media Ltd and Another: QBD 29 Jul 2008

The defendant newspaper published articles making allegations as to the use of offshore tax avoidance arrangements. The claimant sought damages also in malicious falsehood. The defendants sought to rely on an offer of amends served only a few minutes before the defence.

Judges:

Eady J

Citations:

[2008] EWHC B14 (QB), [2009] EMLR 5

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedScott v Samson 1882
. .
CitedHorrocks v Lowe HL 1974
The plaintiff complained of an alleged slander spoken at a meeting of the Town Council. The council meeting was an occasion attracting qualified privilege. The judge at trial found that the councillor honestly believed that what he had said in the . .
CitedPolly Peck PLC v Trelford CA 1986
The plaintiffs complained of the whole of one article and parts of two other articles published about them in The Observer. The defamatory sting was that Mr Asil Nadir (the fourth plaintiff) had deceived or negligently misled shareholders, . .
CitedMcKeith v News Group Newspapers Ltd QBD 14-Jun-2005
. .
CitedJoyce v Sengupta and Another CA 31-Jul-1992
The defendant published an article accusing the plaintiff of theft. Not having funds to launch a claim in libel, the plaintiff obtained legal aid to claim in malicious falsehood. She now appealed against a strike out of that claim.
Held: A . .
CitedRechem International Ltd v Express Newspapers CA 19-Jun-1992
Neill LJ said: ‘A balance has to be struck between the legitimate defence of free speech and free comment on the one hand and on the other hand the costs which may be involved if every peripheral issue is examined and debated at the trial.’ and . .

Cited by:

CitedHunt v Evening Standard Ltd QBD 18-Feb-2011
The defamation claimant sought that certain paragraphs of the defence should be struck out.
Held: Several paragraphs of the defence were struck out, and others left. . .
Lists of cited by and citing cases may be incomplete.

Defamation

Updated: 19 July 2022; Ref: scu.276489

Morgan v Times Newspapers Ltd: QBD 2 Jul 2019

Trial of three preliminary issues in this libel action brought by the Claimant barrister against the Defendant publisher of The Times newspaper and its associated website in respect of an article published on 15 August 2018. The issues are (i) the true meaning of the article; (ii) whether the article in its true meaning is defamatory of the Claimant at common law; and (iii) whether the article in its true meaning has a tendency to cause serious harm to the reputation of the Claimant.

Citations:

[2019] EWHC 1525 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Defamation

Updated: 18 July 2022; Ref: scu.639729

McGrath v Independent Print Ltd: QBD 26 Jul 2013

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:

CitedTolstoy Miloslavsky v United Kingdom ECHR 19-Jul-1995
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 . .
CitedCook 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 . .
CitedFiddes v Channel Four Television Corporation and Others CA 29-Jun-2010
The claimants in a defamation case made an interlocutory appeal against an order for trial by judge alone. The parties had agreed for trial by jury, but the defendants made a late application for trial by judge alone.
Held: The claimant’s . .
See AlsoMcGrath and Another v Dawkins and Others QBD 30-Mar-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 . .
See AlsoMcGrath 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 . .
CitedRichards v Naum CA 1967
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 . .
CitedTinkler and Another v Elliott CA 10-Oct-2012
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 . .
Lists of cited by and citing cases may be incomplete.

Defamation

Updated: 18 July 2022; Ref: scu.513776

Warren v The Random House Group Ltd: QBD 20 Dec 2007

The parties had settled a defamation action by means of an offer of amends. The defendant changed his mind about the offer, and the court now considered whether the accepted offer of amends was binding as a contract.
Held: It was a contract, and there were no grounds shown sufficient to set it aside.

Judges:

Gray J

Citations:

[2007] EWHC 3062 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See AlsoWarren v The Random House Group Ltd (No. 1) QBD 5-Dec-2007
The defendant applied to amend its defence to the defamation claim. The effect of the proposed amendment had been to withdraw the defence based on its offer of amends and to substitute for it a plea of justification in respect of one of three . .

Cited by:

Appeal fromWarren v The Random House Group Ltd CA 16-Jul-2008
An offer of amends by the defendant had been accepted by the claimant. The defendant then sought to set aside the agreement and to resist the claim on its merits in reliance on a defence of justification. The parties disputed whether such an offer . .
Lists of cited by and citing cases may be incomplete.

Defamation

Updated: 18 July 2022; Ref: scu.271256

Warren v The Random House Group Ltd: CA 16 Jul 2008

An offer of amends by the defendant had been accepted by the claimant. The defendant then sought to set aside the agreement and to resist the claim on its merits in reliance on a defence of justification. The parties disputed whether such an offer and its acceptance has the status of a binding and legally enforceable contract. At first instance it was held that it did, and that no grounds had been shown for setting it aside.
Held: The Court doubted that such an agreement amounts to a binding and legally enforceable contract but endorsed the claimant’s concession that ‘whether or not a contract properly so called comes into operation, the court would permit either party to resile from it on one of the traditional contractual grounds’
The court then considered whether the court might permit a party to resile from an agreement which could not be challenged on such traditional grounds and, if so, under what circumstances, finding that the court could allow this, but that it would rarely be appropriate to exercise that discretion so as to relieve a party of the consequences of a bargain freely entered into. The Court should ask itself: ‘whether there are here on the facts special circumstances which lead to the conclusion that the defendant should be permitted to resile from the statutory scheme which flows from the claimant’s acceptance of its offer of amends.’ The conditions of the use of that discretion are akin to those which apply when a party seeks to be released from an undertaking voluntarily given in the course of litigation, including the context, and whether the offer was made independently of the agreement of the claimant, or as part of a collateral bargain.

Judges:

Sir Anthony Clarke MR

Citations:

[2008] EWCA Civ 834, [2009] QB 600

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See AlsoWarren v The Random House Group Ltd (No. 1) QBD 5-Dec-2007
The defendant applied to amend its defence to the defamation claim. The effect of the proposed amendment had been to withdraw the defence based on its offer of amends and to substitute for it a plea of justification in respect of one of three . .
CitedDi Placito v Slater and others CA 19-Dec-2003
The parties had earlier compromised their dispute, with the claimant undertaking not to lodge any further claim unless he did so within a certain time. They now sought to commence action.
Held: When considering whether to discharge such an . .
Appeal fromWarren v The Random House Group Ltd QBD 20-Dec-2007
The parties had settled a defamation action by means of an offer of amends. The defendant changed his mind about the offer, and the court now considered whether the accepted offer of amends was binding as a contract.
Held: It was a contract, . .

Cited by:

CitedBarron and Others v Collins MEP QBD 22-Dec-2016
The defendant MEP had had adjourned the claim against her for defamation, claiming that her actions has been as an MEP and therefore exempt from proceedings. The chair of the European Parliament Legal Affairs Committee had received and rejected her . .
Lists of cited by and citing cases may be incomplete.

Defamation

Updated: 17 July 2022; Ref: scu.270838

Westcott v Westcott: CA 15 Jul 2008

The defendant was the claimant’s daughter in law. In the course of a bitter divorce she made allegations to the police which were investigated but did not lead to a prosecution. The claimant appealed dismissal of his claim for defamation on the basis that such a complaint was protected by absolute privilege.
Held: The claimant’s appeal failed. Ward LJ said:’ the justification for absolute immunity from suit will depend upon the necessity for the due administration of criminal justice that complaints of alleged criminal conduct should always be capable of being made to the police free from fear that the person accused will subsequently involve the complainant in costly litigation. There is a countervailing public interest in play which is that no-one should have his or her reputation traduced, certainly not without affording him or her a remedy to redress the wrong. A balance has to be struck between these competing demands. .’ Though sometimes the system would be subject to abuse, it was necessary that those making complaints must be sure of immunity: ‘any inhibition on the freedom to complain will seriously erode the rigours of the criminal justice system and will be contrary to the public interest. In my judgment immunity must be given from the earliest moment that the criminal justice system becomes involved. It follows that the occasion of the making of both the oral complaint and the subsequent written complaint must be absolutely privileged.’

Judges:

Ward LJ

Citations:

[2008] EWCA Civ 818, Times 27-Aug-2008, [2009] QB 407, [2009] 2 WLR 838, [2009] 1 All ER 727, [2009] EMLR 2

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal fromWestcott v Westcott QBD 30-Oct-2007
The claimant said that his daughter in law had defamed him. She answered that the publication was protected by absolute privilege. She had complained to the police that he had hit her and her infant son.
Held: ‘the process of taking a witness . .
CitedEvans 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 . .
CitedAlexandrovic v Khan QBD 2008
The public policy priority is that those who have complaints should be free to make them to the police without fear that they will be challenged in later proceedings even if those who are malicious obtain the benefit of such protection, since the . .
CitedMunster v Lamb CA 1883
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 . .
CitedShufflebottom v Allday 1857
The defendant had been robbed. He described the robber to a constable who arrested the plaintiff. Seeing him in custody, the defendant said: ‘That is the man’. After having been remanded in custody for two days, the plaintiff was then acquitted . .
CitedWatson v M’Ewan HL 1905
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 . .
CitedLincoln v Daniels CA 1961
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 . .
CitedHasselblad (GB) Ltd v Orbison CA 1985
In the course of proceedings brought by the European Commission against Hasselblad, Mr Orbison wrote a letter to the Commission upon which the appellant then sued for damages for libel. The court considered the dangers of national and European . .
CitedMarrinan v Vibert CA 2-Jan-1963
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 . .
CitedDaniels v Griffiths CA 27-Nov-1997
The claimant appealed against dismissal of his claim in defamation against the defendant. He was a prisoner convicted of rape and subject to life imprisonment. He sought parole, and said that the defendant had slandered him before the Parole Board. . .
CitedMahon, Kent v Dr Rahn, Biedermann, Haab-Biedermann, Rahn, and Bodmer (a Partnership) (No 2) CA 8-Jun-2000
The defendant’s lawyers wrote to a financial services regulatory body investigating the possible fraudulent conduct of the plaintiff’s stockbroking firm. The letter was passed to the Serious Fraud Office who later brought criminal proceedings . .
CitedTaylor and Others v Director of The Serious Fraud Office and Others HL 29-Oct-1998
The defendant had requested the Isle of Man authorities to investigate the part if any taken by the plaintiff in a major fraud. No charges were brought against the plaintiff, but the documents showing suspicion came to be disclosed in the later . .
CitedBuckley v Dalziel QBD 3-May-2007
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 . .
Leading CaseMartin v Watson HL 13-Jul-1995
The plaintiff had been falsely reported to the police by the defendant, a neighbour, for indecent exposure whilst standing on a ladder in his garden. He had been arrested and charged, but at a hearing before the Magistrates’ Court, the Crown . .
CitedD v National Society for the Prevention of Cruelty to Children HL 2-Feb-1977
Immunity from disclosure of their identity should be given to those who gave information about neglect or ill treatment of children to a local authority or the NSPCC similar to that which the law allowed to police informers.
Lord Simon of . .
CitedA v The United Kingdom ECHR 17-Dec-2002
The applicant complained that the absence of legal aid to allow a challenge what had been said about her in Parliament by way of defamation, violated her right of access to court.
Held: The right to absolute parliamentary privilege was within . .

Cited by:

CitedWhite v Southampton University Hospitals NHS Trust and Another QBD 1-Apr-2011
The claimant doctor sued in defamation for letters written by the defendants to the Fitness to Practice Directorate. She now sought to appeal against a finding that she could not rely upon one letter which had come to her attention through . .
CitedCrawford v Jenkins CA 24-Jul-2014
The parties had divorced but acrimony continued. H now complained of his arrests after allegations from his former wife that he had breached two orders. He had been released and no charges followed. The court had ruled that W’s complaints were . .
Lists of cited by and citing cases may be incomplete.

Defamation

Updated: 17 July 2022; Ref: scu.270814

British Chiropractic Association v Dr Singh: QBD 7 May 2009

The claimant alleged defamation in the words ‘The British Chiropractic Association claims that their members can help treat children with colic, sleeping and feeding problems, frequent ear infections, asthma and prolonged crying, even though there is not a jot of evidence. This organisation is the respectable face of the chiropractic profession and yet it happily promotes bogus treatments.’ The defendant said that his words were comment and that the defence of fair comment was available to him.
Held: The words complained of accused the claimant of promoting treatments which it knew to be bogus. That accusation was an assertion of fact, not comment.
Eady J said: ‘What the article conveys is that the BCA itself makes claims to the public as to the efficacy of chiropractic treatment for certain ailments even though there is not a jot of evidence to support those claims. That in itself would be an irresponsible way to behave and it is an allegation that is plainly defamatory of anyone identifiable as the culprit. In this case these claims are expressly attributed to the claimant. It goes further. It is said that despite its outward appearance of respectability, it is happy to promote bogus treatments. Everyone knows what bogus treatments are. They are not merely treatments which have proved less effective than they were at first thought to be, or which have been shown by the subsequent acquisition of more detailed scientific knowledge to be ineffective. Bogus treatments equate to quack remedies; that is to say they are dishonestly presented to a trusting and, in some respects perhaps, vulnerable public as having proven efficacy in the treatment of certain conditions or illnesses, when it is known that there is nothing to support such claims.
It is alleged that the claimant promotes the bogus treatments ‘happily’. What that means is not that they do it naively or innocently believing in their efficacy, but rather that they are quite content and, so to speak, with their eyes open to present what are known to be bogus treatments as useful and effective. That is in my judgment the plainest allegation of dishonesty and indeed it accuses them of thoroughly disreputable conduct.’

Judges:

Eady J

Citations:

[2009] EWHC 1101 QB, [2009] EWHC 1101 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal fromBritish Chiropractic Association v Dr Simon Singh CA 1-Apr-2010
The defendant appealed against a ruling that the words in an article – ‘This organisation is the respectable face of the chiropractic profession and yet it happily promotes bogus treatments’ – were statements of fact, and were not comment.
Appeal fromBritish Chiropractic Association v Singh CA 14-Oct-2009
The court heard a renewed application for leave to appeal against preliminary ruling in a cse of defamation brought by the Association against an author.
Held: Granted . .
Lists of cited by and citing cases may be incomplete.

Defamation

Updated: 17 July 2022; Ref: scu.406672

Hayter v Fahie: CA 6 May 2008

Renewed application for leave to appeal against a finding that certain words in a letter written by the applicant, who was the defendant in the proceedings, were defamatory of the claimant and summary judgment for the latter with damages to be assessed, and a declaration embodying the findings.

Citations:

[2008] EWCA Civ 593

Links:

Bailii

Jurisdiction:

England and Wales

Defamation

Updated: 15 July 2022; Ref: scu.268761

Curistan v Times Newspapers Ltd: QBD 25 Apr 2007

Mr Curistan, a chartered accountant, prominent in Northern Ireland, contended that an article published by the defendant which was partly based on statements made in Parliament, was defamatory of him.

Judges:

Gray J

Citations:

[2007] EWHC 926 (QB), [2008] 1 WLR 126, [2007] 4 All ER 486

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedLucas-Box v News Group Newspapers Ltd; Polly Peck (Holdings) Plc v Trelford, Viscount De L’Isle v Times Newspapers Ltd CA 1986
Justification To be Clearly Set Out
The former practice which dictated that a defendant who wished to rely on a different meaning in support of a plea of justification or fair comment, did not have to set out in his defence the meaning on which he based his plea, was ill-founded and . .

Cited by:

Appeal fromCuristan v Times Newspapers Ltd CA 30-Apr-2008
The court considered the availability of qualified privilege for reporting of statements made in parliament and the actionable meaning of the article, which comprised in part those statements and in part other factual material representing the . .
Lists of cited by and citing cases may be incomplete.

Defamation

Updated: 15 July 2022; Ref: scu.251482

Armstrong v Times Newspapers Ltd: QBD 30 Jun 2006

The claimant, a professional cyclist, sought damages in defamation, saying that the defendant newspaper had implied that he had taken performance enhancing drugs. The case was to be heard by judge alone. The court considered how to deal with the task of identifying the meanings involved.
Held: ‘the over-arching question is what overall impression The Sunday Times article made on me when considering what impact it would have had on the hypothetical ordinary reasonable reader reading the article once in June 2004.’ Knowing in advance that this was the required approach for a judge when deciding an issue of meaning, I deliberately read the article complained of before reading the parties’ respective statements of case or the rival skeleton arguments. What I propose to do, in an attempt to resolve the dilemma which I mentioned at the outset of this judgment, is to indicate straightaway what impression the article had on me when I came to it afresh as a Sunday Times reader would have done in June 2004. I will thereafter, as a separate exercise, address the detailed textual arguments which have, inevitably, been addressed to me by both sides. I will at that stage consider whether such a more detailed analysis casts doubt on my initial impression. The hypothetical ordinary reasonable reader would have understood The Sunday Times article as a whole, read once in conjunction with its headline, photographs and their captions, to mean that Mr Armstrong had taken drugs to enhance his performance in cycling competitions. The Sunday Times article of 13 June 2004 bears the meaning for which Mr Armstrong contends.

Judges:

Gray J

Citations:

[2006] EWHC 1614 (QB), Times 07-Jul-2006

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedChase v News Group Newspapers Ltd QBD 29-May-2002
A libel defence of justification which was based on ‘reasonable grounds for suspicion’ must focus on conduct of claimant that gives rise to suspicion. It was not permissible to rely upon hearsay. Defendant may not plead as ‘grounds’ material which . .
CitedLewis 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 . .
CitedHartt v Newspaper Publishing PLC CA 26-Oct-1989
The possible variety of meanings of the words complained of in a defamation action is already factored into the single meaning rule. Neill LJ said: ‘The court should give to the material complained of the natural and ordinary meaning which it would . .
CitedSkuse 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 . .
CitedGillick v British Broadcasting Corporation and Another CA 19-Oct-1995
Words which were broadcast were capable of meaning that the Plaintiff’s behaviour had contributed to deaths. She was a campaigner against the giving of contraceptive advice to young girls.
Held: The statement was defamatory. The full test was: . .
CitedCharman v Orion Publishing Group Ltd and others QBD 14-Oct-2005
The court decided the issue of what meaning the words complained of would have been understood to bear. The ordinary reader of an article may well not think in legalistic terms such as ‘strong grounds to suspect’ or ‘reasonable grounds to suspect’ . .
CitedGillick 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 . .
CitedJameel and Another v Times Newspapers Limited CA 21-Jul-2004
The defendant had published a newspaper article linking the claimant to terrorist activity. The defendants argued that no full accusation was made, but only that the claimant was under investigation for such behaviour, and that the article had . .
See alsoArmstrong v Times Newspapers Ltd and others QBD 17-Dec-2004
Eady J said: ‘repetitive and loose talk about questions can convey the impression there are reasonable grounds to suspect.’ . .

Cited by:

CitedAjinomoto Sweeteners Europe Sas v Asda Stores Ltd CA 2-Jun-2010
The claimant sold a sweetener ingredient. The defendant shop advertised its own health foods range with the label ‘no hidden nasties’ and in a situation which, the claimant said, suggested that its ingredient was a ‘nasty’, and it claimed under . .
Lists of cited by and citing cases may be incomplete.

Defamation

Updated: 15 July 2022; Ref: scu.243159

Powell and Another v Boladz and others: QBD 19 Sep 2003

Judges:

Tugendhat J

Citations:

[2003] EWHC 2160 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

CitedMbasogo, President of the State of Equatorial Guinea and Another v Logo Ltd and others CA 23-Oct-2006
Foreign Public Law Not Enforceable Here
The claimant alleged a conspiracy by the defendants for his overthrow by means of a private coup d’etat. The defendants denied that the court had jurisdiction. The claimants appealed dismissal of their claim to damages.
Held: The claims were . .
Lists of cited by and citing cases may be incomplete.

Defamation

Updated: 15 July 2022; Ref: scu.236716

William Coulson and Sons v James Coulson and Co: CA 1887

Lord Esher MR said: ‘It could not be denied that the court had jurisdiction to grant an interim injunction before trial. It was, however, a most delicate jurisdiction to exercise, because, though Fox’s Act only applied to indictments and informations for libel, the practice under that Act had been followed in civil actions for libel, that the question of libel or no libel was for the jury. It was for the jury and not for the Court to construe the document and to say whether it was a libel or not. To justify the Court in granting an interim injunction it must come to a decision upon the question of libel or no libel before the jury decided whether it was a libel or not. Therefore, the jurisdiction was of a delicate nature. It ought only to be exercised in the clearest cases, where any jury would say that the matter complained of was libellous, and where, if the jury did not so find, the Court would set aside the verdict as unreasonable. The Court must also be satisfied that in all probability the alleged libel was untrue, and if written on a privileged occasion that there was malice on the part of the defendant. It followed from those three rules that the Court could only on the rarest occasions exercise the jurisdiction.’
Lindley LJ ‘agreed with the rules laid down by the Master of the Rolls, and he was not prepared to say that the jury might not find that this was no libel, or that the alleged libel was true. The injunction, therefore, ought not to have been granted. Both the Judge at Chambers and the Divisional Court had suggested a form of circular; but it was no part of a Judge’s duty to do so, except for the purposes of putting an end to litigation, and the Court ought not to settle a draft form of what might turn out to be a libel.’

Judges:

Lord Esher MR, Lindley LJ

Citations:

(1887) 3 TLR 846

Jurisdiction:

England and Wales

Cited by:

CitedBonnard v Perryman QBD 1891
The libel in issue was a very damaging one. Unless it could be justified at the trial it was one in which a jury would give the plaintiff ‘very serious damages’. The court was asked to grant an interlocutory injunction to restrain publication.
ApprovedBonnard v Perryman CA 2-Jan-1891
Although the courts possessed a jurisdiction, ‘in all but exceptional cases’, they should not issue an interlocutory injunction to restrain the publication of a libel which the defence sought to justify except where it was clear that that defence . .
CitedGreene v Associated Newspapers Ltd CA 5-Nov-2004
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 . .
CitedVaughan v London Borough of Lewisham and Others QBD 11-Apr-2013
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 . .
Lists of cited by and citing cases may be incomplete.

Defamation

Updated: 15 July 2022; Ref: scu.219251

Rath v Guardian News and Media Ltd and Another: QBD 5 Mar 2008

The Claimant requested summary judgment on the fair comment defence to his defamation claim which was pleaded by the Defendant: ‘the Claimant’s conduct in relation to the false claims and criticisms has contributed in large part to a madness which has let perhaps hundreds of thousands of people die unnecessarily.’
Held: The court reviewed the authorities. Tugendhat J recited the reasons given by the Defendant for saying that the words were clearly comment. First was that the nature of the column supported that interpretation: it was not a news column but an opinion piece. The judge accepted that: ‘The Defendants have a real prospect of persuading the court that the statement (that the Claimant had contributed to letting people die unnecessarily) is something which the reasonable reader can recognise as comment in the sense that the statement is, or can reasonably be inferred to be, a deduction, inference, conclusion, criticism, remark or observation.’
The decision in Kemsley had been ‘overtaken’ by section 6 of the Defamation Act 1952, and he could not conclude that the defendants had no real prospect of proving any of the statements of fact upon which they relied. He could not conclude either that the defendants had no real prospect of succeeding in their plea in reliance upon section 6.

Judges:

Tugendhat J

Citations:

[2008] EWHC 398 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedLucas-Box v News Group Newspapers Ltd; Polly Peck (Holdings) Plc v Trelford, Viscount De L’Isle v Times Newspapers Ltd CA 1986
Justification To be Clearly Set Out
The former practice which dictated that a defendant who wished to rely on a different meaning in support of a plea of justification or fair comment, did not have to set out in his defence the meaning on which he based his plea, was ill-founded and . .
CitedCruise and Another v Express Newspapers Plc and Another CA 22-Jul-1998
The Court of Appeal should always be reluctant to reverse an interlocutory finding of a judge at first instance that the words alleged to be libellous are capable of bearing the defamatory meaning alleged. . .

Cited by:

CitedThornton v Telegraph Media Group Ltd QBD 12-Nov-2009
The claimant sought damages for an article in the defendant’s newspaper, a review of her book which said she had falsely claimed to have interviewed artists including the review author and that the claimant allowed interviewees control over what was . .
Lists of cited by and citing cases may be incomplete.

Defamation

Updated: 14 July 2022; Ref: scu.266528

Prince Radu of Hohenzollern v Houston and Another: QBD 23 Nov 2007

Judges:

Eady J

Citations:

[2007] EWHC 2735 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See AlsoRadu, Prince of Hohenzollern v Houston and Another CA 27-Jul-2006
. .
See AlsoPrince Radu of Hohenzollern v Houston and Another QBD 7-Mar-2006
The claimant resided in Romania, and sought damages for libel. The magazine had obtained an order for security for costs. An offer had been made to cover the sum ordered, and no stifling could now happen.
Held: Any order for security costs in . .
See AlsoPrince Radu of Hohenzollern v Houston and Another QBD 12-Oct-2007
. .

Cited by:

Appeal FromPrince Radu of Hohenzollern v Houston and Another CA 15-Jul-2008
The defendant appealed from a decision that the occasion of publication was not privileged. He sought Reynolds protection.
Held: Appeal dismissed. . .
See AlsoPrince Radu of Hohenzollern v Houston and Another (No 4) QBD 4-Mar-2009
Orders were sought to strike out part of the defendants defence of justification to an allegation of defamation.
Held: Where there remains the possibility of a jury trial, it becomes especially important to identify the issues the jurors are . .
Lists of cited by and citing cases may be incomplete.

Defamation

Updated: 14 July 2022; Ref: scu.261580

Osagie v Serco Ltd and Others: QBD 11 Jul 2019

Claim for damages and injunctive relief in slander, libel malicious falsehood, negligence and under the Human Rights Act 1998 against his former employer, the First Defendant and five employees of the First Defendant, the Second to Sixth Defendants.

Judges:

Master Cook

Citations:

[2019] EWHC 1803 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Defamation, Torts – Other, Litigation Practice

Updated: 14 July 2022; Ref: scu.639730

W v Westminister City Council: QBD 10 Feb 2005

Citations:

[2005] EWHC 102 (QB), [2005] 4 All ER 96

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See AlsoW v Westminster City Council and Others QBD 9-Dec-2004
The claimant sought to bring an action for defamation based upon communications made in a child protection conference. The reference was in a Report for Conference to be held pursuant to the duties imposed on local authorities by the Children Act . .
Lists of cited by and citing cases may be incomplete.

Defamation

Updated: 13 July 2022; Ref: scu.347821

Olafsson v Gissurarson (No 2): CA 3 Mar 2008

The defendant appealed against an order that service of the claim form could be dispensed with.
Sir Anthony Clarke MR said: ‘the whole purpose of service is to inform the defendant of the contents of the claim form and the nature of the claimant’s case: see eg Barclays Bank of Swaziland Ltd v Hahn [1989] 1 WLR 506, 509 per Lord Brightman, and the definition of ‘service’ in the glossary to the CPR, which describes it as ‘steps required to bring documents used in court proceedings to a person’s attention . .”

Judges:

Sir Anthony Clarke MR, Dyson, Jacob LJJ

Citations:

[2008] EWCA Civ 152, [2008] 1 WLR 2016, [2008] CP Rep 25, [2008] 1 CLC 458, [2008] 1 All ER (Comm) 1106

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal FromOlafsson v Gissurarson (No 2) QBD 20-Dec-2006
. .
See AlsoOlafsson v Gissurarson QBD 8-Dec-2006
Judgment in default had been entered against the defendant after the court had in its own discretion corrected an error in service of the claim form. The form had been served personally in Reykjavik, but that form of service was not allowed in . .

Cited by:

See AlsoOlafsson v Foreign and Commonwealth Office QBD 22-Oct-2009
The claimant sought damages after the defendant had negligently failed to arrange for the service of the claimant’s defamation proceedings on a defendant in Iceland leaving the action time barred.
Held: The Claimant had not acted unreasonably . .
CitedAbela and Others v Baadarani SC 26-Jun-2013
The claimants sought damages alleging fraud in a company share purchase. They said that their lawyer had secretly been working for the sellers. The claim form had been issued, but the claimant had delayed in requesting permission for its service . .
Lists of cited by and citing cases may be incomplete.

Litigation Practice, Defamation

Updated: 13 July 2022; Ref: scu.266056

Olafsson v Gissurarson (No 2): QBD 20 Dec 2006

Judges:

MacKay J

Citations:

[2006] EWHC 3214 (QB), [2007] 1 Lloyd’s Rep 188

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See AlsoOlafsson v Gissurarson QBD 8-Dec-2006
Judgment in default had been entered against the defendant after the court had in its own discretion corrected an error in service of the claim form. The form had been served personally in Reykjavik, but that form of service was not allowed in . .

Cited by:

Appeal FromOlafsson v Gissurarson (No 2) CA 3-Mar-2008
The defendant appealed against an order that service of the claim form could be dispensed with.
Sir Anthony Clarke MR said: ‘the whole purpose of service is to inform the defendant of the contents of the claim form and the nature of the . .
See AlsoOlafsson v Foreign and Commonwealth Office QBD 22-Oct-2009
The claimant sought damages after the defendant had negligently failed to arrange for the service of the claimant’s defamation proceedings on a defendant in Iceland leaving the action time barred.
Held: The Claimant had not acted unreasonably . .
Lists of cited by and citing cases may be incomplete.

Defamation

Updated: 13 July 2022; Ref: scu.247989

Waterson v Lloyd and Another: QBD 26 Jul 2013

When looking at a political speech, the court should be careful of over-elaborate analysis.

Judges:

Nicola Davies DBE J

Citations:

[2013] EWHC 2201 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See AlsoWaterson 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 . .

Cited by:

CitedMonroe 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 . .
Lists of cited by and citing cases may be incomplete.

Defamation

Updated: 13 July 2022; Ref: scu.513782

Jameel, Abdul Latif Jameel Company Ltd v Wall St Journal Europe SPRL: QBD 7 Oct 2003

The court was asked to rule on two remaining pre-trial issues in this defamation claim. ‘namely, (1) an issue of meaning and (2) questions on the admissibility and relevance of eleven witness statements served on the Claimants’ behalf, and accompanied by Civil Evidence Act notices in May of this year.’

Judges:

Eady J

Citations:

[2003] EWHC 2322 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal fromJameel, Abdul Latif Jameel Company Limited v The Wall Street Journal Europe Sprl (No 1) CA 26-Nov-2003
The court considered the levels of meaning in an article falsely connecting the claimant with terrorist activity: ‘Once it is recognised that the article may be asserting no more than that in one way or another the respondents may unwittingly have . .
See AlsoJameel and Another v The Wall Street Journal Europe Sprl QBD 5-Dec-2003
The defendant sought an order dismissing the defamation claim brought against it, saying that the rule that a defamation claim might be brought without proof of damage to reputation could not survive the introduction of the 1998 Act. . .
See AlsoJameel, Abdul Latif Jameel Company Limited v The Wall Street Journal Europe SPRL QBD 20-Jan-2004
It is almost inevitable that in a Reynolds privilege case to be tried by jury there will be presented to them a list of questions, sometimes no doubt formidably long. The object is to enable the judge to have the factual matrix upon which to make . .
See AlsoJameel and Another v Wall Street Journal Europe Sprl (No 2) CA 3-Feb-2005
The claimant sought damages for an article published by the defendant, who argued that as a corporation, the claimant corporation needed to show special damage, and also that the publication had qualified privilege.
Held: ‘It is an established . .
Lists of cited by and citing cases may be incomplete.

Defamation

Updated: 13 July 2022; Ref: scu.441428

Malik v Newspost Ltd and others: QBD 20 Dec 2007

The claimant, a politician, sought damages after another local politician accused him of using physical intimidation at elections. The defendant claimed a Reynolds privilege.
Held: This was not investigative journalism, and ‘There is no doubt that the subject-matter of these publications is of public interest. Allegations of undermining the democratic process, including by intimidation, are very serious indeed. As is well established, however, that alone does not mean that it is in the public interest to publish any such allegations irrespective of their truth or falsity. ‘ The third defendant was not reporting allegations, but making them. As to the newspaper defendants there was no sufficient attempt to contact the claimant to allow him to give his side of the story, and therefore their defence of qualified privilege failed also.
A person who writes a letter to a newspaper for publication cannot claim Reynolds privilege in respect of the publication of the letter, in the form in which it was sent, to the world at large.

Judges:

Eady J

Citations:

[2007] EWHC 3063 (QB)

Links:

Bailii

Citing:

CitedAdam v Ward HL 1917
The plaintiff, Major Adam MP, falsely attacked General Scobell in a speech in the House of Commons, thus bringing his charge into the national arena. The Army Council investigated the charge, rejected it and directed their secretary, Sir E Ward, the . .
CitedReynolds v Times Newspapers Ltd and others HL 28-Oct-1999
Fair Coment on Political Activities
The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the . .
CitedLindon, Otchakovsky-Laurens and July v France ECHR 22-Oct-2007
ECHR (Grand Chamber) The court emphasised the public interest in protecting the reputation of those in public life. Regardless of the forcefulness of political struggles, it is legitimate to try to ensure that . .
CitedGeorge Galloway MP v The Telegraph Group Ltd CA 25-Jan-2006
The defendant appealed agaiunst a finding that it had defamed the claimant by repeating the contents of papers found after the invasion of Iraq which made claims against the claimant. The paper had not sought to justify the claims, relying on . .
CitedRoberts and Another v Gable and others CA 12-Jul-2007
The claimants appealed a finding of qualified privilege in their claim of defamation by the defendant author and magazine which was said to have accused them of theft and threats of violence against other members of the BNP.
Held: The appeal . .
Lists of cited by and citing cases may be incomplete.

Defamation

Updated: 12 July 2022; Ref: scu.263260

Blackwell v News Group Newspapers Ltd and others: QBD 21 Dec 2007

The claimant sought damages saying that a newspaper article published by the defendant was defamatory. He was the manager of Leeds United Football club, and was said to have lost the dressing room.
Held: The claimant was entitled to summary judgment on the issue of qualified privilege, and the defendant on malice.

Judges:

Eady J

Citations:

[2007] EWHC 3098 (QB)

Links:

Bailii

Citing:

CitedTse Wai Chun Paul v Albert Cheng 13-Nov-2000
(Court of Final Appeal of Hong Kong) For the purposes of the defence to defamation of fair comment: ‘The comment must explicitly or implicitly indicate, at least in general terms, what are the facts on which the comment is being made. The reader or . .
CitedVassiliev v Frank Cass and Co Ltd QBD 13-Jun-2003
. .
CitedAlexander v Arts Council of Wales CA 9-Apr-2001
In a defamation action, where the judge considered that, taken at their highest, the allegations made by the claimant would be insufficient to establish the claim, he could grant summary judgment for the defence. If the judge considered that a . .
Lists of cited by and citing cases may be incomplete.

Defamation

Updated: 12 July 2022; Ref: scu.263256

Jameel and Another v The Wall Street Journal Europe Sprl: QBD 5 Dec 2003

The defendant sought an order dismissing the defamation claim brought against it, saying that the rule that a defamation claim might be brought without proof of damage to reputation could not survive the introduction of the 1998 Act.

Judges:

Eady J

Citations:

[2003] EWHC 2945 (QB), [2004] 2 All ER 92

Links:

Bailii

Statutes:

Human Rights Act 1998

Jurisdiction:

England and Wales

Citing:

See AlsoJameel, Abdul Latif Jameel Company Ltd v Wall St Journal Europe SPRL QBD 7-Oct-2003
The court was asked to rule on two remaining pre-trial issues in this defamation claim. ‘namely, (1) an issue of meaning and (2) questions on the admissibility and relevance of eleven witness statements served on the Claimants’ behalf, and . .
See AlsoJameel, Abdul Latif Jameel Company Limited v The Wall Street Journal Europe Sprl (No 1) CA 26-Nov-2003
The court considered the levels of meaning in an article falsely connecting the claimant with terrorist activity: ‘Once it is recognised that the article may be asserting no more than that in one way or another the respondents may unwittingly have . .

Cited by:

See AlsoJameel, Abdul Latif Jameel Company Limited v The Wall Street Journal Europe SPRL QBD 20-Jan-2004
It is almost inevitable that in a Reynolds privilege case to be tried by jury there will be presented to them a list of questions, sometimes no doubt formidably long. The object is to enable the judge to have the factual matrix upon which to make . .
See AlsoJameel and Another v Wall Street Journal Europe Sprl (No 2) CA 3-Feb-2005
The claimant sought damages for an article published by the defendant, who argued that as a corporation, the claimant corporation needed to show special damage, and also that the publication had qualified privilege.
Held: ‘It is an established . .
Lists of cited by and citing cases may be incomplete.

Defamation

Updated: 12 July 2022; Ref: scu.263160

Warren v The Random House Group Ltd: QBD 5 Dec 2007

The court had refused an earlier application by the defendant to amend its defence, after its offer of amends had been accepted, so as to allow it to withdraw that offer and plead justification. The defendant now sought an amendment to allow substantial revisions to certain particulars, which in turn the claimant sought to strike out.

Judges:

Gray J

Citations:

[2007] EWHC 2860 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedWarren v The Random House Group Ltd (No. 1) QBD 5-Dec-2007
The defendant applied to amend its defence to the defamation claim. The effect of the proposed amendment had been to withdraw the defence based on its offer of amends and to substitute for it a plea of justification in respect of one of three . .
Lists of cited by and citing cases may be incomplete.

Defamation, Litigation Practice

Updated: 12 July 2022; Ref: scu.262121

Warren v The Random House Group Ltd (No. 1): QBD 5 Dec 2007

The defendant applied to amend its defence to the defamation claim. The effect of the proposed amendment had been to withdraw the defence based on its offer of amends and to substitute for it a plea of justification in respect of one of three passages complained of by the claimant, Mr Warren, in its book about the career of the boxer Ricky Hatton.
Held: Refused

Judges:

Gray J

Citations:

[2007] EWHC 2856 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

CitedWarren v The Random House Group Ltd QBD 5-Dec-2007
The court had refused an earlier application by the defendant to amend its defence, after its offer of amends had been accepted, so as to allow it to withdraw that offer and plead justification. The defendant now sought an amendment to allow . .
See AlsoWarren v The Random House Group Ltd QBD 20-Dec-2007
The parties had settled a defamation action by means of an offer of amends. The defendant changed his mind about the offer, and the court now considered whether the accepted offer of amends was binding as a contract.
Held: It was a contract, . .
See AlsoWarren v The Random House Group Ltd CA 16-Jul-2008
An offer of amends by the defendant had been accepted by the claimant. The defendant then sought to set aside the agreement and to resist the claim on its merits in reliance on a defence of justification. The parties disputed whether such an offer . .
Lists of cited by and citing cases may be incomplete.

Defamation, Litigation Practice

Updated: 12 July 2022; Ref: scu.262182

Manchester Corporation v Williams: QBD 1891

The defendant wrote to a newspaper alleging that ‘in the case of two if not three departments of our Manchester city council, bribery and corruption have existed and done their nefarious work.’
Held: The claim disclosed no cause of action. A corporation may sue for a libel affecting property, but not for one merely affecting personal reputation.
Day J said (Times): ‘This action is brought by the mayor, aldermen, and citizens of the city of Manchester to recover damages from the defendant in respect of that which is alleged by them to be a libel on the corporation. The alleged libel is contained in a letter written by the defendant to the editor of the ‘Manchester Examiner and Times’, which charged, as alleged by the statement of claim, that bribery and corruption existed or had existed in three departments of the Manchester City Council, and that the plaintiffs were either parties thereto or culpably ignorant thereof, and that the said bribery and corruption prevailed to such an extent as to render necessary an inquiry by a parliamentary commission. Now it is for us to determine whether a corporation can bring such an action, and I must say that, to my mind, to allow such a thing would be wholly unprecedented and contrary to principle. A corporation may sue for a libel affecting property, not for one merely affecting personal reputation. This does not fall within the class of case in respect of which a corporation can maintain an action, but does fall within the second class commented on by Pollock C.B. in his judgment in the case of the Metropolitan Saloon Omnibus Co. Ltd. v. Hawkins, 4 H. and N. 87, with which I fully agree . .
The charge in the present case is one of bribery and corruption, of which a corporation cannot possibly be guilty, and therefore, in my opinion, this action will not lie.’
Lawrance J agreed.

Judges:

Day, Lawrance JJ

Citations:

[1891] 1 QB 94, (1891) 63 LT 805

Jurisdiction:

England and Wales

Cited by:

CitedDerbyshire County Council v Times Newspapers Ltd and Others HL 18-Feb-1993
Local Council may not Sue in Defamation
Local Authorities must be open to criticism as political and administrative bodies, and so cannot be allowed to sue in defamation. Such a right would operate as ‘a chill factor’ on free speech. Freedom of speech was the underlying value which . .
Lists of cited by and citing cases may be incomplete.

Defamation, Local Government

Updated: 12 July 2022; Ref: scu.445473

Prince Radu of Hohenzollern v Houston and Another: QBD 12 Oct 2007

Judges:

Eady J

Citations:

[2007] EWHC 2328 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See AlsoRadu, Prince of Hohenzollern v Houston and Another CA 27-Jul-2006
. .
See AlsoPrince Radu of Hohenzollern v Houston and Another QBD 7-Mar-2006
The claimant resided in Romania, and sought damages for libel. The magazine had obtained an order for security for costs. An offer had been made to cover the sum ordered, and no stifling could now happen.
Held: Any order for security costs in . .

Cited by:

See AlsoPrince Radu of Hohenzollern v Houston and Another QBD 23-Nov-2007
. .
See AlsoPrince Radu of Hohenzollern v Houston and Another CA 15-Jul-2008
The defendant appealed from a decision that the occasion of publication was not privileged. He sought Reynolds protection.
Held: Appeal dismissed. . .
See AlsoPrince Radu of Hohenzollern v Houston and Another (No 4) QBD 4-Mar-2009
Orders were sought to strike out part of the defendants defence of justification to an allegation of defamation.
Held: Where there remains the possibility of a jury trial, it becomes especially important to identify the issues the jurors are . .
Lists of cited by and citing cases may be incomplete.

Defamation, Litigation Practice

Updated: 12 July 2022; Ref: scu.261571

Westcott v Westcott: QBD 30 Oct 2007

The claimant said that his daughter in law had defamed him. She answered that the publication was protected by absolute privilege. She had complained to the police that he had hit her and her infant son.
Held: ‘the process of taking a witness statement is an essential early step in an embryonic investigation, and it is the product of a police decision to take that step.’ and the court could see no reason to distinguish those interviewed by the police investigating a complaint from those whose statements give rise to the investigation. The Defendant’s oral complaint to the police was protected by absolute privilege and immunity from suit.

Judges:

Richard Parkes QC

Citations:

[2007] EWHC 2501 (QB)

Links:

Bailii

Statutes:

European Convention on Human Rights 8

Jurisdiction:

England and Wales

Citing:

CitedMartin v Watson HL 13-Jul-1995
The plaintiff had been falsely reported to the police by the defendant, a neighbour, for indecent exposure whilst standing on a ladder in his garden. He had been arrested and charged, but at a hearing before the Magistrates’ Court, the Crown . .
CitedMunster v Lamb CA 1883
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 . .
CitedStanton and Another v Callaghan and Others CA 8-Jul-1998
The defendant, a structural engineer, was retained by the plaintiffs in a claim against insurers for the costs of remedying subsidence of the plaintiffs’ house. He advised total underpinning for pounds 77,000, but later while preparing a joint . .
CitedEvans 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 . .
CitedWatson v M’Ewan HL 1905
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 . .
CitedBuckley v Dalziel QBD 3-May-2007
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 . .
CitedTaylor and Others v Director of The Serious Fraud Office and Others HL 29-Oct-1998
The defendant had requested the Isle of Man authorities to investigate the part if any taken by the plaintiff in a major fraud. No charges were brought against the plaintiff, but the documents showing suspicion came to be disclosed in the later . .
CitedMarrinan v Vibart QBD 1963
The plaintiff sought to sue police officers who had prepared a report for the Director of Public Prosecutions and appeared as witnesses against him at his criminal trial.
Held: The claim failed. Salmon J considered the principle of the . .
CitedMarrinan v Vibart CA 2-Jan-1963
Decision upheld (dicta approved) . .
CitedGreene v Associated Newspapers Ltd CA 5-Nov-2004
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 . .

Cited by:

Appeal fromWestcott v Westcott CA 15-Jul-2008
The defendant was the claimant’s daughter in law. In the course of a bitter divorce she made allegations to the police which were investigated but did not lead to a prosecution. The claimant appealed dismissal of his claim for defamation on the . .
ApprovedAlexandrovic v Khan QBD 2008
The public policy priority is that those who have complaints should be free to make them to the police without fear that they will be challenged in later proceedings even if those who are malicious obtain the benefit of such protection, since the . .
CitedVaidya v General Medical Council QBD 2010
Sir Charles Gray said: ‘It appears to me to be clear beyond argument that this letter is protected by absolute privilege since it was written to an official of an investigatory body (the GMC) in order to complain about the conduct of Dr Vaidya.’ . .
Lists of cited by and citing cases may be incomplete.

Defamation, Human Rights

Updated: 12 July 2022; Ref: scu.261574

Pfeifer v Austria: ECHR 15 Nov 2007

The right to protect one’s honour and reputation is to be treated as falling within the protection of Article 8: ‘a person’s reputation, even if that person is criticised in the context of a public debate, forms part of his or her personal identity and psychological integrity.’

Citations:

12556/03, [2007] ECHR 935, (2007) 48 EHRR 175, 24 BHRC 167

Links:

Bailii

Statutes:

European Convention on Human Rights 8

Jurisdiction:

Human Rights

Cited by:

CitedMardas v New York Times Company and Another QBD 17-Dec-2008
The claimant sought damages in defamation. The US publisher defendants denied that there had been any sufficient publication in the UK and that the court did not have jurisdiction. The claimant appealed the strike out of the claims.
Held: The . .
CitedFlood v Times Newspapers Ltd QBD 2-Oct-2009
The defendant had published a story in its newspaper. At that time it attracted Reynolds qualified privilege. After the circumstances changed, the paper offered an updating item. That offer was rejected as inadequate.
Held: The qualified . .
CitedIn re Guardian News and Media Ltd and Others; HM Treasury v Ahmed and Others SC 27-Jan-2010
Proceedings had been brought to challenge the validity of Orders in Council which had frozen the assets of the claimants in those proceedings. Ancillary orders were made and confirmed requiring them not to be identified. As the cases came to the . .
CitedThornton 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 . .
CitedFlood v Times Newspapers Ltd CA 13-Jul-2010
The claimant police officer complained of an article he said was defamatory in saying he was being investigated for allegations of accepting bribes. The article remained on the internet even after he was cleared. Each party appealed interim orders. . .
See AlsoPfeifer v Austria ECHR 2009
. .
CitedFlood 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 asked whether the paper had Reynolds type . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Defamation

Updated: 12 July 2022; Ref: scu.261434

Charman v Orion Group Publishing Group Ltd and others: CA 10 Oct 2007

Judges:

Ward, Sedley, Hooper LJJ

Citations:

[2007] EWCA Civ 972, [2008] 1 All ER 750

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal fromCharman v Orion Publishing Group Ltd and others QBD 13-Jul-2006
The claimant police officer sought damages from the defendants who had published a book alleging that he had been corrupt. The defendants claimed privilege under Reynolds and the 1996 Act.
Held: The defence of qualified privilege failed. . .

Cited by:

CitedCaplin v Associated Newspapers Ltd QBD 20-Jun-2011
The defendant sought clarification through the court as to the meanings inherent in the words complained of.
Held: The application failed. ‘I do not consider the ordinary reasonable reader would be perverse to conclude that the suspicions . .
Lists of cited by and citing cases may be incomplete.

Defamation

Updated: 12 July 2022; Ref: scu.259839

Mahon v Rahn and others (No 2): CA 8 Nov 1999

Brooke LJ attempted to draw a distinction between simple cases.

Judges:

Ward LJ, Waller LJ, Brooke LJ

Citations:

[1999] EWCA Civ 3017, [2000] 1 WLR 2150

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See AlsoMahon v Rahn QBD 19-Jun-1996
Directors of a London firm of stockbrokers brought libel proceedings against two Swiss bankers.
Held: The absolute immunity which is given to both witnesses and potential witnesses extends to all those taking part in a criminal investigation . .
See AlsoMahon and Another v Rahn and Others (1) CA 12-Jun-1997
Two company directors sued Swiss bankers who had responded to enquiries from the police in London. The charges which followed had been dismissed, and the directors sued in defamation, seeking to rely upon the materials sent to the police.

Cited by:

See AlsoMahon, Kent v Dr Rahn, Biedermann, Haab-Biedermann, Rahn, and Bodmer (a Partnership) (No 2) CA 8-Jun-2000
The defendant’s lawyers wrote to a financial services regulatory body investigating the possible fraudulent conduct of the plaintiff’s stockbroking firm. The letter was passed to the Serious Fraud Office who later brought criminal proceedings . .
CitedCommissioner of Police of The Metropolis v Copeland CA 22-Jul-2014
The defendant appealed against the award of damages for assault, false imprisonment and malicious prosection, saying that the question posed for the jury were misdirections, and that the jury’s decision was perverse. The claimant was attending the . .
Lists of cited by and citing cases may be incomplete.

Defamation

Updated: 11 July 2022; Ref: scu.258643

W v Westminster City Council and Others: QBD 9 Dec 2004

The claimant sought to bring an action for defamation based upon communications made in a child protection conference. The reference was in a Report for Conference to be held pursuant to the duties imposed on local authorities by the Children Act that there was ‘concern that [the claimant] might be grooming S for prostitution.’ The two individual employees of the defendant Council responsible for the publication admitted that it should not have happened and that the explanation was one of mistake and a misunderstanding on their part.
Held: Words published at such conferences were protected by qualified but not absolute privilege. The public interest was the same as in S -v- Newham. The Human Rights Act had come into force since, but the same interests had to be balanced.
Tugendhat J said that: ‘This is a case of an existing and established relationship, going back many years, between the mother’s family and the Social Services Department of the Council. Accordingly, Kearns supports the following conclusion. The fact that the information in the words complained of was not verified (or not ‘evidence based’) could not take the case outside the protection of qualified privilege unless [the authors of the report] were deliberately publishing what they knew to be outside the official guidance known to them.
It is true that the duties of the Council in this case (which were being performed on their behalf by [the authors]) were public law duties imposed upon them by the Children Act. If the words complained of are published to [a] person to whom there is no duty to publish, or at a time, or in other circumstances when there is no duty to publish, the consequences of that do call for consideration.
However, in my judgment what matters is that the relationship between the Defendants and the publishees was an established one which plainly requires the flow of free and frank communications in both directions on all questions relevant to the discharge of the Council’s functions.’

Judges:

Tugendhat J

Citations:

Times 07-Jan-2005, [2004] EWHC 2866 (QB), [2005] EWHC 102 (QB

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedS v Newham London Borough Council CA 24-Feb-1998
A Local Authority which was relaying the facts underlying a list of people it felt were unsuitable to work with children to the minister has no immunity from a defamation action. . .
CitedIn re S (a Child) (Identification: Restrictions on Publication) HL 28-Oct-2004
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 . .
CitedKearns and Others v The General Council of the Bar CA 17-Mar-2003
The claimants had sought to recover from the General Council of the Bar damages for libel in a communication from the head of the Bar Council’s Professional Standards and Legal Services Department to all heads of chambers, their senior clerks and . .

Cited by:

CitedMcKennitt and others v Ash and Another QBD 21-Dec-2005
The claimant sought to restrain publication by the defendant of a book recounting very personal events in her life. She claimed privacy and a right of confidence. The defendant argued that there was a public interest in the disclosures.
Held: . .
CitedClift v Slough Borough Council and Another QBD 6-Jul-2009
The claimant sought damages for defamation. The council had decided that she had threatened a member of staff and notified various people, and entered her name on a violent persons register. She alleged malice, the council pleaded justification and . .
CitedClift v Slough Borough Council CA 21-Dec-2010
The court was asked how, if at all, the Human Rights Act 1998 has affected a local authority’s defence of qualified privilege in defamation cases. The claimant had been placed on the Council’s Violent Persons Register after becoming very upset and . .
See AlsoW v Westminister City Council QBD 10-Feb-2005
. .
Lists of cited by and citing cases may be incomplete.

Defamation

Updated: 11 July 2022; Ref: scu.222531

Lyal v Henderson: HL 5 Jun 1916

Where the Court of Session has, under the power conferred by section 2 of the Jury Trials Amendment (Scotland) Act 1910, after hearing parties on a rule in terms of section 6 of the Jury Trials (Scotland) Act 1815, on the ground that the verdict is contrary to evidence, set aside the verdict and in place of granting a new trial has entered judgment for the party unsuccessful at the trial, an appeal to the House of Lords, notwithstanding that no appeal is competent under section 6 of the 1815 Act, is competent.
‘To submit the language used on privileged occasions to a strict scrutiny and to hold all excess beyond the actual exigencies of the occasion to be evidence of express malice would greatly limit if not altogether defeat the protection which the law gives to statements so made ( Laughton v. Sodor and Man, L. R., 4 P.C. 495). The real question is whether, having regard to the circumstances, the statement is so violent as to afford evidence that it could not have been fairly and honestly made; for the very essence of a privileged occasion is that it protects statements that are defamatory and false, when apart from the protection the very character of the statement itself carries with it the implication of malice. If once the privilege be established, unless there be extrinsic evidence of malice, there must be something so extreme in the words used as to rebut the presumption of innocence and to afford evidence that there was a wrong and an indirect motive prompting the publication ( Spill v. Maule, L.R., 4 Ex. 232)’-per Lord Chancellor Buckmaster.

Judges:

Lord Chancellor (Buckmaster), Viscount Haldane, Lords Kinnear, Atkinson, and Parker

Citations:

[1916] UKHL 557, 53 SLR 557

Links:

Bailii

Statutes:

Jury Trials Amendment (Scotland) Act 1910

Jurisdiction:

Scotland

Defamation, Litigation Practice

Updated: 11 July 2022; Ref: scu.630685

Wallace James v Baird: HL 11 Apr 1916

A lady interested in the poor, and president of the district nursing association, believed that owing to the opinions held by the parish medical officer the district nurse s services were not employed as frequently as they ought to have been. The Parish Council, which contributed to the nursing association, had considered the matter and had instructed the medical officer to employ the nurse in such cases as he considered necessary. The president of the nursing association having had brought under her notice the case of an old age pensioner, who was being attended by the medical officer, and who ought as she thought to have had the benefit of the nurse’s services, wrote to the chairman of the parish council. The medical officer who had attended the pensioner as a private patient innuendoed the letter as imputing professional negligence, and brought an action of damages for slander.
Held: (rev. judgment of the First Division) that the letter was privileged.
The appellant ‘was in fact president of the association, and her position as such president, coupled with the general interest that she took in the welfare of the poor, was sufficient to justify a communication made by her to the Parish Council with regard to a circumstance which she believed to show that the respondent was not duly regarding the directions he had received with regard to the district nurse.’-Per Lord Chancellor.
‘To protect those who are not able to protect themselves is a duty which every one owes to society.’- Per Lord Macnaghten in Jenoure v. Delmege, [1891] AC 73 at 77, approved.
Old-age pensioners are not entirely outwith the discharge of the duties which a parish council owes to the poor.
Observations on the province of the Court in the adjustment of an issue for the trial of an action of damages for slander based on a letter which is innuendoed.

Judges:

Lord Chancellor (Buckmaster), Earl Loreburn, Viscount Haldane, Lord Kinnear, and Lord Atkinson

Citations:

[1916] UKHL 392, 53 SLR 392

Links:

Bailii

Statutes:

Old Age Pensions Act 1908

Jurisdiction:

Scotland

Defamation

Updated: 11 July 2022; Ref: scu.630682

Roberts and Another v Gable and others: CA 12 Jul 2007

The claimants appealed a finding of qualified privilege in their claim of defamation by the defendant author and magazine which was said to have accused them of theft and threats of violence against other members of the BNP.
Held: The appeal failed. ‘the journalist has a good defence to a claim for libel if what he publishes, even without an attempt to verify its truth, amounts to reportage, the best description of which gleaned from these cases is that it is the neutral reporting without adoption or embellishment or subscribing to any belief in its truth of attributed allegations of both sides of a political and possibly some other kind of dispute. ‘ However as to the issue of repetition: ‘if A makes a defamatory statement about B and C repeats it, C cannot succeed in the defence of justification by showing that A made the statement: C must prove the charge against B is true. This is so even if C believes the statement to be true and even when C names A as his source.’

Judges:

Ward LJ, Sedley LJ, Moore-Bick LJ

Citations:

[2007] EMLR 16, [2007] EWCA Civ 721, [2008] 1 WLR 129, [2008] QB 502

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedReynolds v Times Newspapers Ltd and others HL 28-Oct-1999
Fair Coment on Political Activities
The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the . .
See AlsoRoberts and Another v Gable and others CA 2-Nov-2006
. .
CitedJameel 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 . .
Appeal fromRoberts and Another v Gable and others QBD 12-May-2006
The court considered the merits of a Reynolds defence: ‘reporting both sides, in a disinterested way, is an important element in the doctrine of reportage. That is not to say, of course, that a journalist or publisher will be deprived of the . .
CitedSaad Al-Fagih v HH Saudi Research and Marketing (UK) Ltd QBD 28-Jul-2000
The court considered the factors which the court should take into account when carrying out the balancing process with regard to the defence of qualified privilege because of the public interest: ‘Some factors relate to the quality, status and . .
CitedGeorge Galloway MP v The Telegraph Group Ltd CA 25-Jan-2006
The defendant appealed agaiunst a finding that it had defamed the claimant by repeating the contents of papers found after the invasion of Iraq which made claims against the claimant. The paper had not sought to justify the claims, relying on . .
CitedAl-Fagih v H H Saudi Research and Marketing (UK) Ltd CA 1-Nov-2001
The media’s right to freedom of expression, particularly in the field of political discussion ‘is of a higher order’ than ‘the right of an individual to his good reputation.’ The majority upheld an appeal against a trial judge’s ruling that the . .
CitedMark v Associated Newspapers Limited CA 29-May-2002
The claimant sought damages in defamation saying that the defendant had said she had authorised publication of extracts from her book about her time working as housekeeper for the prime minister’s family before she had obtained proper authority for . .
CitedTruth (NZ) Ltd v Holloway PC 1960
The publication complained of related to the plaintiff Cabinet Minister (referred to in the article as Phil), in which it was stated that a man had seen one Judd, to whom an import licence had been issued, with the object of getting information from . .
CitedLewis 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 . .
CitedVerlagsgruppe News Gmbh v Austria ECHR 14-Dec-2006
The applicant newspaper had quoted a letter defamatory of a politician which had earlier been published by another paper in the context. The Court said: ‘of its reportage about the then pending defamation proceedings against Mr Heller [the author of . .
CitedEdwards v National Audubon Society 1-May-1977
(The United States Court of Appeals for the Second Circuit) The defendant environmental Society opposed the use of DDT saying it endangered birds. Its proponents argued that without DDT, millions would die of insect-carried diseases and starvation . .
CitedBonnick v Morris, The Gleaner Company Ltd and Allen PC 17-Jun-2002
(Jamaica) The appellant sought damages from the respondent journalists in defamation. They had claimed qualified privilege. The words alleged to be defamatory were ambiguous.
Held: The publishers were protected by Reynolds privilege. The court . .

Cited by:

CitedMalik v Newspost Ltd and others QBD 20-Dec-2007
The claimant, a politician, sought damages after another local politician accused him of using physical intimidation at elections. The defendant claimed a Reynolds privilege.
Held: This was not investigative journalism, and ‘There is no doubt . .
CitedCuristan v Times Newspapers Ltd CA 30-Apr-2008
The court considered the availability of qualified privilege for reporting of statements made in parliament and the actionable meaning of the article, which comprised in part those statements and in part other factual material representing the . .
CitedFlood v Times Newspapers Ltd QBD 2-Oct-2009
The defendant had published a story in its newspaper. At that time it attracted Reynolds qualified privilege. After the circumstances changed, the paper offered an updating item. That offer was rejected as inadequate.
Held: The qualified . .
CitedFlood v Times Newspapers Ltd CA 13-Jul-2010
The claimant police officer complained of an article he said was defamatory in saying he was being investigated for allegations of accepting bribes. The article remained on the internet even after he was cleared. Each party appealed interim orders. . .
CitedFlood 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 asked whether the paper had Reynolds type . .
Lists of cited by and citing cases may be incomplete.

Defamation, Media

Updated: 11 July 2022; Ref: scu.254569

Adelson and Another v Associated Newspapers Ltd: CA 9 Jul 2007

The claimant sought to add the name of a further claimant. The defendant objected, saying that it was after the expiry of the limitation period.
Held: The claimant was seeking to use the rules for substitution of parties to add a party. In defamation law, the claim of each claimant was a single and separate cause of action. Substitution should only be used where a party was under a misapprehension as to the material facts. Whilst it might not be impossible to make such an order in a case like this case, the nature of the error did not allow the exercise of the discretion.

Judges:

Lord Phillips CJ, Jacob LJ, Moses LJ

Citations:

[2007] EWCA Civ 701, Times 18-Jul-2007, [2007] 4 All ER 330

Links:

Bailii

Statutes:

Limitation Act 1980

Jurisdiction:

England and Wales

Citing:

CitedMorgan Est (Scotland) Ltd v Hanson Concrete Products Ltd CA 17-Feb-2005
The defendant appealed an order adding two new claimants.
Held: Cases decided under the old RSC were not apposite for matters covered by the new Civil Procedure Rules. The court was not bound by the Sardinia Sulcis rules: ‘The Sardinia Sulcis . .
CitedIngram v Little 27-Jul-1960
Two ladies had a car for sale. A buyer came along. He fooled them into believing him to be someone else, and they sold him the car, after checking the name in the telephone directory. Before the cheque bounced, the rogue sold the car to the . .
CitedInternational Bulk Shipping and Services Ltd v President of India and Another CA 11-Dec-1995
Actions to enforce arbitration awards were brought, each in the name of a ship-owning company. At the time of the arbitrations the assets of each company had vested in a trustee in bankruptcy appointed under New York law, but the trustee had . .
CitedEvans Construction Co Ltd v Charrington and Co Ltd CA 1983
The tenant sought a new lease and served a notice. The notice named the former landlord not the current landlord.
Held: Order 20 could be used to correct the name where the error was a mere mistaken description of the correct party, but not a . .
CitedYorkshire Regional Health Authority v Fairclough Building Ltd and Another CA 16-Nov-1995
The substitution of a successor party to a claim does not constitute a new claim for limitation purposes. Millett LJ considered the objects of the 1980 Act: ‘The 1980 Act was enacted in order to implement the recommendations of the Twenty-First . .
CitedThe Al Tawwab CA 1991
The ship ‘Sardinia Sulcis’ collided with the ‘Al Tawwab’. The charterers of the latter paid damages and so were subrogated to the owners’ rights against the owners of the Al Tawwab. They brought proceedings in rem in the name of ‘the Owners of the . .
CitedHorne-Roberts (a Child) v Smithkline Beecham plc and Another CA 18-Dec-2001
The court has a power to order substitution of a party though the limitation period, and even the ‘long stop’ limitation period had expired. The claimant child sought damages after a vaccination. The batch had been attributed to the wrong . .
See AlsoAdelson and Another v Associated Newspapers Ltd QBD 1-May-2007
. .

Cited by:

CitedHamilton and others v Allied Domecq Plc (Scotland) HL 11-Jul-2007
The pursuers had been shareholders in a company which sold spring water. The defenders took shares in the company in return for promises as to the promotion and distribution of the bottled water. The pursuers said that they had failed to promote it . .
See AlsoAdelson and Another v Associated Newspapers Ltd QBD 19-Dec-2007
Applications were launched with in defamation proceedings to seek to recover damages for parties who had not previously been part of the proceedings.
Held: The amendments were refused. The new claimants were now out of time, and it was clear . .
See AlsoAdelson and Another v Associated Newspapers QBD 19-Feb-2008
Complaint was made that an article was defamatory of the owner of Manchester United. The defendant now argued that the game was not worth the candle. The costs vastly exceeded any possible recovery, and it had openly offered vindication, and that . .
Lists of cited by and citing cases may be incomplete.

Defamation, Limitation

Updated: 11 July 2022; Ref: scu.254498

Associated Newspapers Ltd v Burstein: CA 22 Jun 2007

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 defence of fair comment may not succeed and that the matter should be left to a jury to determine. These matters are generally for a jury to decide, so long as it is properly open to them as a matter of law to decide one way or the other. But if this court is firmly of the view that only one answer is available to any reasonable jury and that the defence of fair comment must succeed, then it is the court’s duty so to rule. Anything else would not be judicial self-restraint but an abdication of judicial responsibility. As will be apparent, I have concluded that the words complained of do amount to fair comment on a matter of public interest and that they are not capable of being held to fall outside the scope of that defence.’ and
‘the words complained of were contained in a review by a critic, as any reader would appreciate, and which the reader will expect contain a subjective commentary by the critic. The words also embody, quite obviously, powerful elements of value judgments – the word ‘heroic’ in itself does that . . such value judgments are not something which a writer should be required to prove are objectively valid, as the Strasbourg Court has pointed out when dealing with the Article 10 right’

Judges:

Waller LJ, Keene LJ, Dyson LJ

Citations:

[2007] EWCA Civ 600, [2007] EMLR 21, [2007] EMLR 571, [2007] 4 All ER 319, [2001] 1 WLR 579

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedJones v Skelton PC 1963
(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 . .
CitedLowe v Associated Newspapers Ltd QBD 28-Feb-2006
The defendant sought to defend the claim for defamation by claiming fair comment. The claimant said that the relevant facts were not known to the defendant at the time of the publication.
Held: To claim facts in aid of a defence of fair . .
CitedLewis 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 . .
CitedPatterson v ICN Photonics Ltd CA 13-Mar-2003
The Court considered its own power to intervene in a defamation case to look at the meanings found by the judge hearing the case. The established principles ‘do not, however, prevent this court from intervening in an appropriate case, where it is . .
CitedBerezovsky and Glouchkov v Forbes Inc and Michaels CA 31-Jul-2001
The claimant sought damages from the defendant for a magazine article claiming that he was involved in organised crime in Russia. The defendants appealed against the striking out of elements of the defence suggesting lesser meanings. Was meaning a . .
CitedControl Risks v New English Library CA 1989
In a defamation claim, there is a parallel to be drawn between what is necessary in respect of the defence of justification and what is necessary where the defence of fair comment is raised. Where justification is pleaded, a defendant is required to . .
CitedTse Wai Chun Paul v Albert Cheng 13-Nov-2000
(Court of Final Appeal of Hong Kong) For the purposes of the defence to defamation of fair comment: ‘The comment must explicitly or implicitly indicate, at least in general terms, what are the facts on which the comment is being made. The reader or . .
CitedGillick v British Broadcasting Corporation and Another CA 19-Oct-1995
Words which were broadcast were capable of meaning that the Plaintiff’s behaviour had contributed to deaths. She was a campaigner against the giving of contraceptive advice to young girls.
Held: The statement was defamatory. The full test was: . .
CitedClarke v Norton 1910
(Victoria) The court considered what was fair comment: ‘More accurately it has been said that the sense of comment is ‘something which is or can reasonably be inferred to be a deduction, inference, conclusion, criticism, remark, observation etc.’ . .
CitedTurner v Metro-Goldwyn-Mayer Pictures Ltd (MGM) HL 1950
A letter was published which criticised a film critic’s review of the week’s films.
Held: A person (including a corporation) whose character or conduct has been attacked is entitled to answer the attack, and the answer will be protected by . .
CitedBranson v Bower (No 1) CA 24-May-2001
The test of whether comment was fair comment is simply that of whether the opinion was honestly expressed, and on the basis of facts accurately stated. There is no special rule for imputations of corruption or dishonest motives. Nor is there any . .
CitedCarr v Hood QBD 1808
Lord Ellenborough said: ‘it is not libellous to ridicule a literary composition, or the author of it, in so far as he has embodied himself with his work.
Every man who publishes a book commits himself to the judgment of the public, and anyone . .
CitedTabart v Tipper 2-Jan-1808
The plaintiff said that the defendant had libelled him by saying that he was in the habit of publishing immoral and foolish books.
Held: It was open to a defendant denying the libel to establish through evidence that the criticism was fair. . .
CitedKemsley v Foot CA 14-Dec-1950
Pleading of Fair Comment Defence
The plaintiff newspaper proprietor complained that the defendant had defamed him in a publication ‘The Tribune’ with a headline to an article ‘Lower than Hemsley’ which article otherwise had no connection with the plaintiff. He said it suggested . .
CitedKemsley v Foot HL 25-Feb-1952
Fair Comment Crticism of Newspaper Publisher
The plaintiff alleged that the headline to an article written by the defendant which criticised the behaviour of the Beaverbrook Press, and which read ‘Lower than Kemsley’ was defamatory. The defendant pleaded fair comment. The plaintiff appealed. . .
CitedTelnikoff v Matusevitch HL 14-Nov-1991
The court should decide on whether an article is ‘fact or comment’ purely by reference to the article itself, and not taking into account any of the earlier background coverage. It is the obligation of the relevant commentator to make clear that the . .

Cited by:

CitedThornton v Telegraph Media Group Ltd QBD 12-Nov-2009
The claimant sought damages for an article in the defendant’s newspaper, a review of her book which said she had falsely claimed to have interviewed artists including the review author and that the claimant allowed interviewees control over what was . .
CitedCaborn-Waterfield v Gold and Others QBD 11-Mar-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, . .
Lists of cited by and citing cases may be incomplete.

Defamation, Media

Updated: 11 July 2022; Ref: scu.253548

Carnegie v Drury; Drury v British Broadcasting Corporation: CA 23 May 2007

The claimant had extended the time for service of his claim for defamation.
Held: The author’s appeal succeeded. To extend time for service, the claimant had to have shown that he had done what he could to take steps to serve the claim within the four months allowed. In this case though the first defendant had not assisted, it was under no duty to do so, or to accept service on behalf of an employee, and steps taken by the claimant after the period had expired were not relevant.

Judges:

Dyson LJ, Smith LJ

Citations:

[2007] EWCA Civ 497, Times 11-Jun-2007, [2007] EMLR 637

Links:

Bailii

Statutes:

Civil Procedure Rule 7.6(3)(b)

Jurisdiction:

England and Wales

Defamation, Litigation Practice

Updated: 11 July 2022; Ref: scu.252505

Western Broadcasting Services v Seaga: PC 29 Mar 2007

(Jamaica) The Claimant was the former Prime Minister of Jamaica. The Defendant was a radio broadcaster which had transmitted a programme said to be defamatory of him. The parties agree a settlement on terms including publication of ‘an apology acceptable to the Claimant to be drafted by the Claimant’s Attorneys-at-Law for broadcasting on Hot 102 and CVM Television. The Attorneys-at-Law to decide on the number of times the apology would be published on each medium’. A dispute arose as to whether this agreement had effected a binding settlement of the action. held: It had not. The agreement had two lacunae which had not been agreed and were impossible to fill, namely the terms of the apology and the number of times it was to be broadcast. ‘There may be cases in which the matter remaining to be negotiated is of such subsidiary importance as not to negative the intention of the parties to be bound by the more significant terms to which they have agreed: Chitty para.2-127. Their Lordships do not consider that the present case could be so regarded. They are altogether unable to accept the view expressed by the Court of Appeal that the terms of the apology were ‘merely peripheral’ and could not be considered an essential part of the agreement. In their opinion, the content and publication of the apology in a case such as the present are crucial, and failure to settle this essential term leaves the agreement incomplete for uncertainty.’

Judges:

Lord Bingham of Cornl, Lord Rodger of Earlsferry, Baroness Hale of Richmond, Lord Carswell, Lord Brown of Eaton-under-Heywood

Citations:

[2007] UKPC 19, [2007] EMLR 18

Links:

Bailii

Cited by:

AppliedMcLaughlin and Others v Newall QBD 31-Jul-2009
The claimant asked the court to strike out the defence that the claimant had compromised his claim by agreement. The defendant had written letters critical of the claimants who were governors of a school which had disciplined his daughter a teacher . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Defamation

Updated: 10 July 2022; Ref: scu.251026

Bond v British Broadcasting Corporation: QBD 19 Mar 2009

The court set out to establish the natural and ordinary meanings to be attached to the words complained of in a defamation action, and found defamatory meanings under Chase two principles.

Judges:

Eady J

Citations:

[2009] EWHC 539 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedSkuse 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 . .
CitedChase v Newsgroup Newspapers Ltd CA 3-Dec-2002
The defendant appealed against a striking out of part of its defence to the claim of defamation, pleading justification.
Held: The Human Rights Convention had not itself changed the conditions for a plea of justification based upon reasonable . .
CitedJeynes 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 . .
Lists of cited by and citing cases may be incomplete.

Defamation

Updated: 09 July 2022; Ref: scu.323708

Vassiliev v Frank Cass and Co Ltd: QBD 13 Jun 2003

Citations:

[2003] EWHC 1428 (QB), [2003] EMLR 33

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

CitedBlackwell v News Group Newspapers Ltd and others QBD 21-Dec-2007
The claimant sought damages saying that a newspaper article published by the defendant was defamatory. He was the manager of Leeds United Football club, and was said to have lost the dressing room.
Held: The claimant was entitled to summary . .
Lists of cited by and citing cases may be incomplete.

Defamation

Updated: 09 July 2022; Ref: scu.263156

Roberts and Another v Gable and others: CA 2 Nov 2006

Citations:

[2006] EWCA Civ 1585

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See AlsoRoberts and Another v Gable and others QBD 12-May-2006
The court considered the merits of a Reynolds defence: ‘reporting both sides, in a disinterested way, is an important element in the doctrine of reportage. That is not to say, of course, that a journalist or publisher will be deprived of the . .

Cited by:

See AlsoRoberts and Another v Gable and others CA 12-Jul-2007
The claimants appealed a finding of qualified privilege in their claim of defamation by the defendant author and magazine which was said to have accused them of theft and threats of violence against other members of the BNP.
Held: The appeal . .
Lists of cited by and citing cases may be incomplete.

Defamation

Updated: 09 July 2022; Ref: scu.249089

Hamilton and Another v Clifford: QBD 22 Jun 2004

The claimants sought damages for slander and libel against the defendant. The offending words were in material broadcast on television about allegations (later shown to be untrue) of sexual misconduct against the claimants.

Judges:

Eady J

Citations:

[2004] EWHC 1542 (QB)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

CitedPatel and Another v K and J Restaurants Ltd and Another CA 28-Oct-2010
The landlord appealed against refusal of forfeiture for breaches of the lease. A covenant provided against use for immoral purposes, and the sub-tenant had been found to be running a brothel. The tenant said that he had been concerned of an action . .
Lists of cited by and citing cases may be incomplete.

Defamation

Updated: 08 July 2022; Ref: scu.263163

Radu v Houston and Another: CA 22 Nov 2006

An order for security for costs had been made against the defamation claimant, supported by an unless order. Security not having been provided, judgment was entered by default.
Held: Where an unless order was made, a generous time should be allowed for compliance. It was not intended as a weapon, and even after judgment by default, if the party complied with the order within a short time thereafter, the court could consider re-opening the case. Each case must be dealt with according to its circumstances. There was no general rule.

Judges:

Waller LJ VP, Keene LJ, Carnwath LJ

Citations:

[2006] EWCA Civ 1575, Times 01-Jan-2007, [2007] 5 Costs LR 671, [2007] CP Rep 11

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

CitedAllen v Bloomsbury Publishing Ltd and Another CA 14-Jul-2011
The claimant appealed against an order requiring him to deposit a substantial sum as security for costs for the bringing of his action for copyright infringement in respect of the Harry Potter series of books.
Held: The appeal failed. The . .
Lists of cited by and citing cases may be incomplete.

Defamation, Litigation Practice

Updated: 08 July 2022; Ref: scu.246347

Turcu v News Group Newspaper Ltd: CA 26 May 2006

The appellant had failed in his action for damages against the newspaper which had accused him of a plot to kidnap the wife of an England footballer. He now sought leave to appeal.
Held: Evidence unavailable at the trial now suggested that the journalist may have been involved in the manufacture of the plot and that the claimant’s part never rose above initial discussions. Leave was granted.

Judges:

Rix, Moses LJJ

Citations:

[2006] EWCA Civ 955

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedRoe and Another v Robert McGregor and Sons Ltd; Bills v Roe CA 1968
The plaintiff was driving a van at night. He didn’t see a ‘road closed’ sign erected by the defendant contractors, and proceede down a 30 ft bank injuring himself and his passenger. He said the contractors’ the sign was inadequate and that he had . .
Appeal fromTurcu v News Group Newspapers Ltd QBD 4-May-2005
Chilling effect of defamation costs structures
Eady J said: ‘The claimant in these proceedings is seeking damages against News Group Newspapers Ltd, as publishers of The News of the World, in respect of articles appearing in the editions of that newspaper dated 3 November 2002 . . He issued his . .

Cited by:

CitedRothschild v Associated Newspapers Ltd QBD 10-Feb-2012
The claimant said that an article published by the defendant was defamatory. He said that the article implied that in his business associations he had put others at risk to their reputations.
Held: The action failed. The words were indeed . .
Lists of cited by and citing cases may be incomplete.

Defamation

Updated: 08 July 2022; Ref: scu.245946

Turner v News Group Newspapers Ltd and Another: CA 16 May 2006

Dispute as to quantification of damages for libel. An offer of amends had been made, but the parties could not agree the sum payable.

Judges:

Pill LJ, Keene LJ, Moses LJ

Citations:

[2006] EWCA Civ 540, [2006] 1 WLR 3469, [2006] EMLR 703, [2006] 4 All ER 613

Links:

Bailii

Statutes:

Defamation Act 1996 3(5)

Jurisdiction:

England and Wales

Citing:

CitedBurstein v Times Newspapers Ltd CA 20-Dec-2000
Where a defendant in a defamation action sought to reduce the damages payable by arguing that the claimant had a reduced or damaged reputation, he could include evidence about particular facts only where these were directly connected to the . .

Cited by:

CitedKaschke v Gray and Another QBD 23-Jul-2010
The claimant sought damages in defamation saying that the defendants had published a web page which falsely associated her with a terrorist gang in the 1970s. The defendants now sought a strike out of her claim as an abuse saying that a similar . .
Lists of cited by and citing cases may be incomplete.

Defamation, Damages

Updated: 08 July 2022; Ref: scu.245867

Berezovsky and Another v Forbes Inc and Another: QBD 19 Jan 1998

A defamation action which between two parties both resident in foreign jurisdictions but based upon a publication with a circulation of 2000 in Britain was to be stayed.

Citations:

Times 19-Jan-1998

Jurisdiction:

England and Wales

Cited by:

Appeal fromBerezovsky and Glouchkov v Forbes Inc and Michaels CA 31-Jul-2001
The claimant sought damages from the defendant for a magazine article claiming that he was involved in organised crime in Russia. The defendants appealed against the striking out of elements of the defence suggesting lesser meanings. Was meaning a . .
Lists of cited by and citing cases may be incomplete.

Defamation, Jurisdiction

Updated: 07 July 2022; Ref: scu.78347