swarb.co.uk - law index
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: 1998 To: 1998
This page lists 45 cases, and was prepared on 27 May 2018.
MacMillan Magazines Ltd v RCN Publishing; 1998 - [1998] FSR 9
Lunney v Prodigy Services Co; 1998 - (1998) 250 AD 2d 230
Chakravarti v Advertiser Newspapers (1998) 193 CLR 519
1998
Kirby J
Commonwealth, Defamation
(High Court of Australia ) Kirby J discussed the availability of fair comment as a defece to defamation and said that: "Excessive commentary or misleading headlines which amount to commentary run the risk of depriving the text of the quality of fairness essential to attract the privilege."
1 Citers
US Tobacco Inc v BBC [1998] EMLR 816
1998
Defamation
1 Citers
Mitchell v Faber and Faber Limited [1998] EMLR 807
1998
CA
Hirst LJ
Defamation
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 capable of a defamatory meaning in themselves, is drawn by the surrounding context, so that in the result those words cease to be capable of a defamatory meaning. In my judgment the general though perhaps not universal rule should be that this is a matter for the jury and not the Judge to decide".
1 Citers
Roache v Newsgroup Newspapers Ltd [1998] EMLR 161
1998
Costs, Defamation
In looking at questions of costs in libel actions it is often appropriate to consider, as a matter of substance and reality, who was the true winner in the proceedings.
1 Citers
McDonald's Corporation McDonald's Restaurants Limited v Helen Marie Steel David Morris [1998] EWCA Civ 1
5 Jan 1998
CA
Defamation
1 Cites
1 Citers
[ Bailii ]
Geenty v Channel Four Television Corporation and Jessel Times, 11 February 1998; [1998] EWCA Civ 10; [1998] EMLR 524
13 Jan 1998
CA
Lord Justice Hirst, Lord Justice Millett, Lord Justice Brooke
Defamation
The claimant police officer appealed against dismissal of his claim in defamation. Held: The words were capable of implicating the plaintiff in the neglect, they were also capable of implicating him in the accusation of maltreatment. The claim should not be struck out. Where the judge at first instance has held that words are not capable of bearing a defamatory meaning, with the result that the issue will never go to a jury, the reluctance of the Court of Appeal to intervene will be less marked.
Rules of the Supreme Court Order 82 3A
1 Cites
1 Citers
[ Bailii ]
Berezovsky and Another v Forbes Inc and Another; QBD 19-Jan-1998 - Times, 19 January 1998
Taylor and Others v Director of The Serious Fraud Office and Others; HL 22-Jan-1998 - Times, 04 November 1998; [1998] UKHL 39; [1999] 2 AC 177; [1998] 4 All ER 801; [1998] 3 WLR 1040
McDonald's Corporation McDonald's Restaurants Limited v Helen Marie Steel David Morris [1998] EWCA Civ 83
27 Jan 1998
CA
Defamation
1 Cites
1 Citers
[ Bailii ]
Hurnam v S S V Paratian [1998] UKPC 2; [1998] AC 707
29 Jan 1998
PC
Commonwealth, Defamation
(Mauritius)
[ Bailii ]
Captain Brian L Friend v Civil Aviation Authority Times, 05 February 1998; [1998] EWCA Civ 94
29 Jan 1998
CA
Defamation, Employment
Employee who had consented to disciplinary process by contract could not sue for defamation for publication of details of accusation.
1 Cites
[ Bailii ]
Max Maimann v Close Brothers Group Plc [1998] EWCA Civ 198
10 Feb 1998
CA
Defamation
[ Bailii ]
Marks and Spencer Plc v Granada Television Ltd and Tremayne [1998] EWCA Civ 207
11 Feb 1998
CA
Defamation
[ Bailii ]
Venables v MGN Limited [1998] EWCA Civ 325
23 Feb 1998
CA
Defamation
[ Bailii ]
S v Newham London Borough Council; CA 24-Feb-1998 - Times, 05 March 1998; Gazette, 18 March 1998; [1998] EWCA Civ 339; [1998] 1 FLR 1061; [1998] EMLR 583
Allason M P v Alastair Campbell; Andy Mcsmith and MGN Limited [1998] EWCA Civ 363
26 Feb 1998
CA
Defamation
[ Bailii ]
Suresh Bhagwani Raja Shah and Navin Bhagwanji Shah v Standard Chartered Bank; CA 2-Apr-1998 - Times, 13 May 1998; [1998] EWCA Civ 612; [1999] QB 241; [1998] 3 WLR 592; [1998] 4 All ER 155; [1998] EMLR 597
Ashby v Neil and Times Newspapers Limited [1998] EWCA Civ 620
3 Apr 1998
CA
Defamation, Litigation Practice
Disclosure of documents.
[ Bailii ]
McCartan Turkington Breen v Telegraph Group [1999] NIJB 1; [1998] NIEHC 1; [1998] NIQB 1; [1999] NIJB 1
11 May 1998
NIHC
Northern Ireland, Defamation
Defamation Act (Northern Ireland) 1955 7 Sch para 9
1 Citers
[ Bailii ] - [ Bailii ]
Safeway Stores Plc v Albert Tate [1998] EWCA Civ 898
2 Jun 1998
CA
Defamation
Appeal agaiinst strik out of defence.
[ Bailii ]
Christie v Wilson; McVicar and Alexside Limited; CA 10-Jun-1998 - Times, 06 July 1998; Gazette, 29 July 1998; [1998] EWCA Civ 951
Brian Basham v Martyn Gregory and Little Brown and Co; CA 2-Jul-1998 - [1998] EWCA Civ 1137
Bennett v News Group Newspapers Ltd [1998] EWCA Civ 1179
8 Jul 1998
CA
Defamation
[ Bailii ]
Reynolds TD v Times Newspapers Ltd; Ruddock and Witherow Times, 09 July 1998; Gazette, 26 August 1998; Gazette, 07 October 1998; [1998] 3 All ER 961; [1998] EWCA Civ 1172; [1998] 3 WLR 862
8 Jul 1998
CA
Lord Bingham of Cornhill LCJ, Hirst LJ, Robert Walker LJ
Defamation, Media
The claimant, the former Taoiseach of Ireland sought damages after the defendant newspaper published an article falsely accusing him of duplicity. The paper said that his position meant that they should have the defence of quaified privilege available. Held: Qualified privilege defence applied in defamation proceedings reporting acts of public officials where there appeared a duty to publish, a proper public interest in hearing the allegations and proper reporting procedures (even though the allegations might be false). The court set clearer guidelines for the characteristics of the defence of qualified privilege in defamation actions. The statements must be made honestly, under a legal social or moral duty, satisfying a proper public interest, and the material must warrant protection.
European Convention on Human Rights
1 Cites
1 Citers
[ Bailii ]
Bhatt v Chelsea and Westminster Healthcare NHS Trust [1998] EWCA Civ 1243
20 Jul 1998
CA
Peter Gibson LJ
Defamation
Application for extension of time to appeal against refusal to strike out defendant's plea of qualified privilege.
[ Bailii ]
Tom Cruise; Nicole Kidman v Express Newspapers Plc and Richard Addis; CA 22-Jul-1998 - [1998] EWCA Civ 1269; [1999] QB 931; [1998] EMLR 780; [1999] 1 WLR 327
Gladding v Channel 4 Television Corporation Gazette, 16 September 1998; [1998] EWCA Civ 1309
28 Jul 1998
CA
Defamation
The Court of Appeal was able to hear an appeal from a judge's decision to discharge the jury, after prejudicial comments by plaintiff's counsel in his closing address to the jury. There is a distinction from what would happen in a criminal trial, although in this case the appeal was dismissed.
Supreme Court Act 1981 16(1)
[ Bailii ]
Holland v Lampen-Wolfe; CA 30-Jul-1998 - Times, 29 August 1998; Gazette, 23 September 1998; [1998] EWCA Civ 1338
Stephen Geoffrey Kirby v Telegraph Plc and Jane Thynne [1998] EWCA Civ 1394
13 Aug 1998
CA
Defamation, Damages
[ Bailii ]
Neil v Stephenson, Masterman, Parton, Lakey, Hale, Families Need Fathers (Charity and Company Limited By Guarantee) [1998] EWCA Civ 1439
17 Sep 1998
CA
Defamation, Litigation Practice
Appeal against order staying action pending taxation of costs where no order made for payment of costs. One defendant was a charity, and other defendants were concerned in its management. The claimant had offered to settle the action but only with the company, giving rise to a conflict of interest between the defendants and the company. The judge had sought to find a settlement of the action, which was resolved but for the costs. Having become so involved, he had felt it appropriate for someone else to fix the costs. Held: The order for taxation should not have been made, but the stay should be left in force.
[ Bailii ]
Bleakely, Giiles, Welsh v Granada Television; QBD 7-Oct-1998 - Gazette, 07 October 1998
Al-Ani v Shubber [1998] EWCA Civ 1501
8 Oct 1998
CA
Defamation
[ Bailii ]
Gaddafi v Telegraph Group Ltd [1998] EWCA Civ 1626; [1998] EWCA Civ 1626
28 Oct 1998
CA
Lord Justice Stuart-Smith Lord Justice Hirst And Lord Justice Tuckey
Defamation, Media, Human Rights
The claimant, the son of the leader of Libya, sought damages for defamation from the defendant for an article alleging his involvement in criminal activities. The defendant appealed orders striking out certain parts of his defence, and the claimant appealed orders leaving other parts in place. Was there a qualified privilege for the articles because of the claimant's involvement in politics? The newspaper claimed that, when claiming privilege, it was proper to hide the identity of the sources of information upon which the claim was based. Held: A claim of qualified privilege required a social duty to publish, that those receiving the information had a proper interest in receiving it, and where the nature, status and source of the material, and the circumstances of the publication such as to justify a privilege. An order requiring disclosure of the sources would severely risk press freedom, and was not justified. Appeal and cross appeal s allowed in part.
Contempt of Court Act 1981 10
1 Cites
[ Bailii ]
Loveless v Earl; Capital and Counties (Financial Services) Limited Times, 11 November 1998; [1998] EWCA Civ 1670; (1999) EMLR 530
4 Nov 1998
CA
Defamation
When a defendant claimed qualified privilege and the Plaintiff alleged that the words complained of were issued with malice, the defendant will not prevented from reliance on qualified privilege if it can show that the words have an honestly intended meaning without malice. The subjective intention of a defendant was an issue for the jury.
1 Cites
1 Citers
[ Bailii ]
Dr Adoko v Hussein Jemal [1998] EWCA Civ 1674
4 Nov 1998
CA
Lord Justice Henry, Lord Justice Clarke
Litigation Practice, Defamation
The applicant's claim had been struck out. He sought leave to appeal out of time, but leave was not granted, and he appealed that refusal. Held: Some of the protestations of the applicant had been preposterous, and it was not surprising that the judge had expressed himself strongly. The claim itself was very weak, and the claimant had failed to act within the time limits. The claim related to a complaint to the Bar Council which was absolutely privileged. Nevertheless it was not clear how the judge had formed his opinion and leave to appeal was granted.
1 Cites
[ Bailii ]
Chohan v Times Newspapers Limited [1998] EWCA Civ 1678
4 Nov 1998
CA
Defamation
1 Citers
[ Bailii ]
Kufaan Publishing Limited v Al-Warrak Publishing Limited and others [1998] EWCA Civ 1692
5 Nov 1998
CA
Defamation
1 Cites
1 Citers
[ Bailii ]
Kufaan Publishing Limited v Al-Warrak Publishing Limited and others [1998] EWCA Civ 1693
5 Nov 1998
CA
Defamation
1 Citers
[ Bailii ]
Turkington and Others (Practising as McCartan Turkington Breen) v Times Newspapers Ltd Times, 11 November 1998; [1998] NI 358
11 Nov 1998
CANI
Carswell LCJ
Defamation, Northern Ireland
A meeting was not a public meeting just because the public attended without objection. A press conference to which press only had had invitations was not as such public, and a report of it was not protected under the Act
Defamation Act (Northern Ireland) 1955 7 Sch para 9
1 Cites
1 Citers
Hamilton v Al Fayed [1998] EWCA Civ 1830
24 Nov 1998
CA
Judge LJ, Sirc Christopher Knox
Defamation, Constitutional
The defendant had made allegations of misconduct against the plaintiff as to his actions as an MP. The plaintiff now sought by this action, in effect, to overturn the results of the resultant parliamentary inquiry.
1 Citers
[ Bailii ]
McPhilemy v Times Newspapers Limited; Liam Clarke and Andrew Neil (1) [1998] EWCA Civ 1842
25 Nov 1998
CA
Defamation
1 Cites
1 Citers
[ Bailii ]
Berezovsky and Another v Forbes Inc and Another; CA 27-Nov-1998 - Times, 27 November 1998; [1998] EWCA Civ 1791
McDonald's Corporation v Steel and Another [1998] EWCA Civ 1890
2 Dec 1998
CA
Defamation
The appellants sought to appeal against a substantial defamation judgement against them. They had failed to produce the appropriate notices of appeal and skeleton arguments.
1 Cites
1 Citers
[ Bailii ]