The claimant had been awarded andpound;85,000 damages in defamation after the defendant had wrongly accused him of cheating at football. The newspaper sought to appeal saying that the verdict was perverse and the defence of qualified privilege should have been allowed to go ahead.
Held: Despite the restricted scope of the appeal court’s ability to look at findings as to the meanings of the words complained of, it had a duty to consider it. Here the defendant had failed to establish each of the allegations it had made. The consent claimed had not in fact been given to publication of records. There had been several decisions on the facts in this case. In this case the jury’s decision was an affront to justice, and the decision should be set aside and judgment entered for the defendant.
Simon Brown LJ, Thorpe LJ, Jonathan Parker LJ
[2001] EWCA Civ 33, [2001] EMLR 18, [2001] 2 All ER 437
Bailii
Defamation Act 1952 5
England and Wales
Citing:
See Also – Grobbelaar v Sun Newspapers Ltd CA 9-Jul-1999
With the new Civil Procedure Rules, it was no longer correct that a court could not exclude evidence which was relevant, on the grounds that its probative value was outweighed by its prejudicial effect. The court now has full power and discretion to . .
Cited – Reynolds 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 . .
Cited – Blackshaw 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 . .
Cited – Regina v Savundranayagan and Walker CACD 1968
The accused claimed that his trial had been unfairly prejudiced by a television interview which took place before he had been charged with any offence, but when it was quite obvious that a charge was about to be brought against him. The publicity . .
Cited – O’Brien v Marquis of Salisbury QBD 1889
The court considered the jury’s verdict as to the meaning of the words complained of. Field J said: ‘If, therefore, as I think, the jury had only relevant evidence submitted to them and were properly directed as to the use they were to make of it, . .
Cited – Australian Newspaper Company v Bennett PC 1894
The Board considered the findings the jury as to the meaning of the words complained of: ‘It is not disputed that, whilst it is for the court to determine whether the words used are capable of the meaning alleged in the innuendo, it is for the jury . .
Cited – HM Attorney General v Blake (Jonathan Cape Ltd third Party intervening) HL 3-Aug-2000
Restitutionary Claim against Pofits from Breach
The author had written his book in breach of his duty of confidence. Having signed the Official Secrets Act, he accepted a contractual private law duty. After conviction as a spy, the publication of the book was in breach of the undertaking by not . .
Cited – Regina v Carr CCA 1956
Lord Goddard CJ considered the elements of the offence of obtaining property by fraud. In doing so he considered the position of a defendant who took a bribe but did not then carry out what he had ben paid to do and said: ‘It does not matter if he . .
Cited – Designers Guild Ltd v Russell Williams (Textiles) Ltd (Trading As Washington DC) HL 28-Nov-2000
Copyright Claim: Was it Copied, and How Much?
The claimant sought to enforce its copyright in artwork for a fabric design Ixia, saying the defendant’s design Marguerite infringed that copyright. Two issues faced the House. Just what had been copied and if any, then did this amount amount to the . .
Cited – GKR Karate (UK) Limited v Porch, Yorkshire Post Newspaper, Holmes QBD 17-Jan-2000
The claimant sought damages alleging defamation. The judge ordered certain elements of the case to be heard first, and others, if necessary later. Although the case had been begun under the old rules, the new civil procedure regime gave the judge . .
Cited – GKR Karate (UK) Ltd v Yorkshire Post Newspapers Ltd and others (No.1) CA 11-Jan-2000
The claimants alleged defamation by the respondent in articles suggesting that they were not fit people to teach karate. The respondent claimed justification. A order had been made for trial of two preliminary issues against which order the . .
Cited – Pamplin v Express Newspapers Ltd (2) CA 1988
In considering what evidence can be used in mitigation of damages in defamation, it is necessary to draw a distinction between evidence which is put forward to show that the plaintiff is a man of bad reputation and evidence which is already before . .
Cited – Regina v Mills CACD 1968
Geoffrey Lane LJ considered what was meant by ‘a bribe’: ‘Realising what we say is obiter nevertheless we feel it right to say that in our judgment it is enough that the recipient takes the gift knowing that it is intended as a bribe. By accepting . .
Cited – Addis v Gramophone Company Limited HL 26-Jul-1909
Mr Addis was wrongfully and contumeliously dismissed from his post as the defendant’s manager in Calcutta. He sought additional damages for the manner of his dismissal.
Held: It did not matter whether the claim was under wrongful dismissal. . .
Cited – W v Egdell CA 9-Nov-1989
The plaintiff had been confined to a mental hospital after killing several people by shooting. He complained that when he was to be considered for release, his psychiatrist, the defendant had broken his duty of confidence by revealing his concerns . .
Cited – Watts and Co v Morrow CA 30-Jul-1991
The plaintiff had bought a house on the faith of the defendant’s report that there were only limited defects requiring repair. In fact the defects were much more extensive. The defendant surveyor appealed against an award of damages after his . .
Lists of cited by and citing cases may be incomplete.
Updated: 28 July 2021; Ref: scu.200747
