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 spell out the meaning of the words which he would seek to justify – the ‘Lucas-Box’ particulars.
Nicholls LJ said: ‘In my view by parity of reasoning, when fair comment is pleaded the defendant must spell out, with sufficient precision to enable the plaintiff to know what case he has to meet, what is the comment which the defendant will seek to say attracts the fair comment defence.’
Judges:
Nicholls LJ
Citations:
[1990] 1 WLR 183, [1989] 3 All ER 577
Jurisdiction:
England and Wales
Citing:
Cited – Lucas-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:
Cited – Lowe 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 . .
Cited – Lowe 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 . .
Cited – 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 . .
Cited – Lord Ashcroft KCMG v Foley and Others QBD 18-Feb-2011
The claimant sought to strike out defences of justification and fair comment saying that the pleadings were unsustainable for lack of clarity.
Held: The pleadings did contain obfuscation, and ‘if there is a viable defence of justification or . .
Lists of cited by and citing cases may be incomplete.
Defamation
Updated: 14 October 2022; Ref: scu.238936