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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Defamation - From: 1996 To: 1996

This page lists 20 cases, and was prepared on 27 May 2018.

 
Evans v Granada Television [1996] EMLR 429
1996
CA
Stuart-Smith LJ
Defamation
In a defamation action, it is open to the defendant to justify the imputation by establishing that there were reasonable grounds to suspect the plaintiff from an objective point of view.
Stuart-Smith LJ said: "But the jury are concerned with whether there are reasonable grounds to suspect the plaintiff from an objective point of view. When considering this issue, the other side of the picture is relevant. The defendant cannot fetter the scope of the plaintiff's evidence in rebuttal of the charge"
1 Citers


 
British Data Management Plc v Boxer Commercial Removals Plc and Another Times, 28 February 1996; [1996] 3 All ER 707
28 Feb 1996
CA

Defamation
A quia timet action in a defamation case must specify the precise words which are expected to be used.
1 Citers



 
 Stern v Piper and Others; CA 21-May-1996 - Gazette, 12 June 1996; Times, 30 May 1996; [1997] QB 123; [1996] EWCA Civ 1291; [1996] 3 WLR 715; [1996] EMLR 413; [1996] 3 All ER 385
 
Mahon v Rahn Unreported, 19 June 1996
19 Jun 1996
QBD
Brooke J
Defamation
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 which is being conducted looking forward to a prosecution. The general principle was that the use of documents disclosed for the purpose of legal proceedings should remain under the control of the court. The implied undertaking could always be varied in an appropriate case but the court should retain control. It was a necessary tool for preventing its process from being abused. The undertaking applied to material disclosed by the prosecution as intended to be used at the trial as well as to unused material and that it survived the use of the document in open court.
1 Cites

1 Citers



 
 C v Mirror Group Newspapers and Others; CA 21-Jun-1996 - Times, 15 July 1996; [1996] EMLR 518; [1997] 1 FCR 556; [1996] 2 FLR 532; [1996] 4 All ER 511; [1996] Fam Law 671; [1996] EWCA Civ 1290; [1997] 1 WLR 131
 
British Coal Corporation v National Union of Mineworkers and Another [1996] EWHC 380 (QB)
28 Jun 1996
QBD
French J
Defamation
The plaintiffs, British Coal Corporation, claim damages for libel against the National Union of Mineworkers (Yorkshire area) and also against one of the union's senior officials. The alleged libel was published in the "Yorkshire Miner", a monthly magazine distributed by the NUM, and the issue in question was that for April, 1992. The defendants said that the action in defamation could not be brought by the plaintiff because of its public status.
[ Bailii ]
 
Botham v Khan Times, 15 July 1996
15 Jul 1996
CA

Defamation
Words are defamatory if they allege certain acts irrespective of any quality attributed by the defendant.

 
Kiam v Neill and Another (No 2) Times, 26 July 1996; [1996] EMLR 493
26 Jul 1996
CA

Defamation, Damages
An allegation of insolvency was made against a well known businessman. An apology in agreed terms was published after 3 weeks. Held: A jury award of 45,000 in damages was not excessive for a libel despite an apology having been given. The plaintiff's prominence was a relevant circumstance.
1 Cites

1 Citers



 
 Shevill and Others v Presse Alliance SA; HL 26-Jul-1996 - Gazette, 16 October 1996; Times, 26 July 1996; [1996] AC 959

 
 Berkoff v Burchill and and Times Newspapers Limited; CA 31-Jul-1996 - Times, 09 August 1996; [1996] EWCA Civ 564; [1996] 4 All ER 1008
 
Kojo Tsikata v Newspaper Publishing Plc [1996] EWCA Civ 618; [1997] 1 All ER 655; [1997] EMLR 117
30 Sep 1996
CA
Simon Brown LJ
Defamation

Defamation Act 1952
1 Cites

1 Citers

[ Bailii ]

 
 Perotti v Watson; Impanni; Abbate and Abbate; CA 2-Oct-1996 - [1996] EWCA Civ 623
 
McDonald's Corporation and Another v Helen Marie Steel David Morris Times, 22 November 1996; [1996] EWCA Civ 755
17 Oct 1996
CA

Litigation Practice, Defamation
A trial judge's decisions should not normally be set aside unless they constituted a denial of justice to one or other of the parties.
1 Cites

1 Citers


 
Broxton v McClelland [1996] EWCA Civ 955
14 Nov 1996
CA

Defamation, Litigation Practice
The plaintiff appealed a finding against her on her case for defamation, seeking to add further and new evidence. Held: The summing up up was defective in failing properly to deal with points properly raised, and was set aside.
1 Cites

[ Bailii ]
 
Broxton v McClelland and Another Times, 27 November 1996
27 Nov 1996
CA
Simon Brown LJ
Defamation
The judge may disclose to the jury the purpose of a non-party's involvement as a backer of a party if it is relevant to the case.
Simon Brown LJ said as to an allegation that the claim was an abuse of process: "The cases appear to suggest two distinct categories of such misuse of process:
(i) The achievement of a collateral advantage beyond the proper scope of the action – a classic instance was Grainger v Hill where the proceedings of which complaint was made had been designed quite improperly to secure for the claimants a ship's register to which they had no legitimate claim whatever . .
(ii) The conduct of the proceedings themselves not so as to vindicate a right but rather in a manner designed to cause the defendant problems of expense, harassment, commercial prejudice or the like beyond those ordinarily encountered in the course of properly conducted litigation.
Only in the most clear and obvious case will it be appropriate upon preliminary application to strike out proceedings as an abuse of process so as to prevent a plaintiff from bringing an apparently proper cause of action to trial."
1 Citers



 
 Chequepoint (UK) Ltd and others v Stephenson and Another; CA 28-Nov-1996 - [1996] EWCA Civ 1050

 
 Jones v Pollard; Mirror Group Newspapers; Limited and Bailey; CA 12-Dec-1996 - [1996] EWCA Civ 1186; [1997] EMLR 233; [1997] QB 586
 
Geenty v Channel Four Television Corporation and Another [1996] EWCA Civ 1218
20 Dec 1996
CA
Hirst, Judge LJJ
Defamation

[ Bailii ]

 
 Lloyds Bank Plc v Rogers and Another; CA 20-Dec-1996 - Times, 24 March 1997; [1996] EWCA Civ 1277
 
Crampton v Nugawela [1997] Aust Torts Reports 81-416; (1996) 41 NSWLR 176; [1996] NSWSC 651
23 Dec 1996

Mahoney ACJ, Handley JA, Giles AJA
Commonwealth, Defamation, Damages
(Supreme Court of New South Wales) Defamation - Damages - Aggravated and general damages - Economic loss with respect to professional standing - Principles relevant to assessment of damages for defamation - Relationship to damages for serious personal injury
When considering the likelihood of repetition of a libel once published, the court spoke of 'the grapevine effect'.
1 Citers

[ Austlii ]
 
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