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 qualified privilege.
Held: ‘The repetition rule, in essence, prevents a defendant from hiding behind the fact that he is only repeating what others have alleged. He can accordingly not justify the libel by proving that the allegations have been made, but only by proving that they are true. ‘ It is desirable for a claimant to plead expressly each of the meanings on which he proposes to rely. Claimant’s appeal allowed.
Judges:
Kay, Lord Justice Kay Lord Justice Longmore Lord Justice Sedley
Citations:
[2004] EWCA (Civ) 983, Times 26-Aug-2004, [2004] EMLR 31
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Shah and Another v Standard Chartered Bank CA 2-Apr-1998
The plaintiffs appealed against refusal of orders striking out the defences of justification to their libel action.
Held: The words complained of bore an accusation of money laundering. A plea of justification based upon a reasonable belief in . .
Cited – Chase 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 . .
Cited – Lewis 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 . .
Cited – Bennett v News Group Newspapers 2002
The defendant newspaper ran a story about investigations into several police officers at Stoke Newington police station, who had ultimately been cleared. The newspaper had pleaded a Lucas-Box meaning (2) that there were sufficient grounds for . .
Cited – Sergi v Australian Broadcasting Commission 20-Dec-1989
(New South Wales) . .
Cited – Skuse 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 . .
Cited – Jameel, 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 – Charleston and Another v News Group Newspapers Ltd and Another HL 31-Mar-1995
The plaintiffs were actors playing Harold and Madge Bishop in the Australian soap series ‘Neighbours’. They sued on a tabloid newspaper article which showed their faces superimposed on the near-naked bodies of models apparently engaged in sexual . .
Cited – Mark 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 . .
Cited – Gillick 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: . .
Cited – Stern v Piper and Others CA 21-May-1996
The defendant newspaper said that allegations had been made against the plaintiff that he was not paying his debts. In their defence they pleaded justification and the fact that he was being sued for debt.
Held: A defamation was not to be . .
Cited – Cruise 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 – Mitchell v Faber and Faber Limited CA 1998
The court discussed the ‘bane and antidote’ rule in defamation cases: ‘So far as the antidote is concerned, it seems to me that only in the clearest of cases would it be proper for a judge to rule that the sting in the words, which are ex hypothesis . .
Cited – Gillick v Brook Advisory Centres QBD 2002
The claimant asserted that the defendant had defamed her in a leaflet. The defendant asked the court to determine that the pamphlet did not carry a defamatory meaning.
Held: Eady J formulated the principles applicable when determining meaning: . .
See Also – Jameel, 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 . .
Cited by:
Cited – Armstrong v Times Newspapers Ltd and David Walsh, Alan English CA 29-Jul-2005
The claimant sought damages after publication by the first defendant of articles which it was claimed implied that he had taken drugs. The paper claimed qualified privilege, and claimed Reynolds immunity.
Held: The defence of qualified . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Defamation
Updated: 11 June 2022; Ref: scu.199311
