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.
Judges:
Tugendhat J
Citations:
[2011] EWHC 272 (QB)
Links:
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 – Chase 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 . .
Cited – Burstein 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 – King v Telegraph Group Ltd CA 18-May-2004
The defendant appealed against interim costs orders made in the claim against it for defamation.
Held: The general power of cost capping measures available to courts were available also in defamation proceedings. The claimant was being . .
Cited – Turner v News Group Newspapers Ltd and Another CA 16-May-2006
Application to determine compensation for admitted defamation.
Keene LJ considered both Pamplin and Burstein as bases for reliance upon other ‘misconduct’ of a claimant to reduce damages: ‘it needs to be borne in mind that the principle of . .
Cited – O’Brien v Chief Constable of South Wales Police HL 28-Apr-2005
The claimant sought damages against the police, and wanted to bring in evidence of previous misconduct by the officers on a similar fact basis. They had been imprisoned and held for several years based upon admissions which they said they had . .
Cited – Plato Films v Speidel HL 1961
The plaintiff had been the Supreme Commander of the Axis Land Forces in Central Europe. He brought an action claiming that he had been defamed in a film showing him privy to the murders of King Alexander of Yugoslavia and M. Barthou in 1934, and as . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Defamation
Updated: 01 October 2022; Ref: scu.429738