The claimant, a former Anglican priest, sued in defamation. The defendant argued that the claim was non-justiciable since it would require the court to adjudicate on matters of faith and religious doctrine. Held: The claim could not be heard. Gray J said: ‘It is well established . . that the court will not venture into … Continue reading Blake v Associated Newspapers Ltd: QBD 31 Jul 2003
(New York Court of Appeals) A report published at a press conference on 16 December 1996 was placed on the internet the same day. A claim was filed over a year later. Held: The limitation period started when the report was first uploaded onto the website and did not begin anew each time the website … Continue reading Firth v State of New York: 2 Jul 2002
The claimant appealed against summary dismissal of his claim in defamation. Judges: Pill, Thorpe, Mantell LJJ Citations: [2001] EWCA Civ 1030 Links: Bailii Statutes: Defamation Act 1996 8(2) Jurisdiction: England and Wales Cited by: Cited – Budu v The British Broadcasting Corporation QBD 23-Mar-2010 The defendant sought to strike out the claimant’s action in defamation. … Continue reading Mosley and Another v Focus Magazin Verlag Gmbh: CA 29 Jun 2001
The claimant had produced the Star War films which made use of props, in particular a ‘Stormtrooper’ helmet designed by the defendant. The defendant had then himself distributed models of the designs he had created. The appellant obtained judgment against the respondent in the US for punitive damages, but these had not been collected, and … Continue reading Lucasfilm Ltd and Others v Ainsworth and Another: SC 27 Jul 2011
Two company directors sued Swiss bankers who had responded to enquiries from the police in London. The charges which followed had been dismissed, and the directors sued in defamation, seeking to rely upon the materials sent to the police. Held: The appeal succeeded. There is no implied undertaking as to the use of disclosed documents … Continue reading Mahon and Another v Rahn and Others (1): CA 12 Jun 1997
Assessment of damages after offer of amends. Held: the Court’s award of damages serves as ‘an outward and visible sign of vindication’ Judges: Eady J Citations: [2003] EWHC 137 (QB), [2004] EMLR 3 Links: Bailii Statutes: Defamation Act 1996 3 Jurisdiction: England and Wales Cited by: Cited – Dhir v Saddler QBD 6-Dec-2017 Slander damages … Continue reading Cleese v Clark and Another: QBD 6 Feb 2003
The court considered the possible affront to jurors in a defamation action when asked to decide some elements of an action, but not others. Judges: Gray J Citations: [2002] EWHC 2726 (QB), [2002] QB 321 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Loutchansky v Times Newspapers Ltd and others CA 23-Jan-2001 The … Continue reading Loutchansky v Times Newspapers Ltd and others: QBD 12 Dec 2002
A defendant may not tell the jury of pre-trial offers of settlement from the Plaintiff on damages. Citations: Times 14-Dec-1994 Jurisdiction: England and Wales Citing: See Also – Kiam v Neill and Another (No 2) CA 26-Jul-1996 An allegation of insolvency was made against a well known businessman. An apology in agreed terms was published … Continue reading Kiam v Neil and Another: CA 14 Dec 1994
Defamation – Large Damages Awards MGN appealed as to the level of damages awarded against it namely pounds 350,000 damages, comprising pounds 75,000 compensatory damages and pounds 275,000 exemplary damages. The newspaper contended that as a matter of principle there is no scope in law for awarding exemplary damages, either generally or in the particular … Continue reading John v MGN Ltd: CA 12 Dec 1995
Documents had been disclosed by the Police Complaints Authority under court order for an appeal against conviction. They related to an investigation of the conduct of police officers who had given evidence against the appellant. The newspaper, now being sued for libel by the same police officers, applied for the accused to be given leave … Continue reading Ex parte Coventry Newspapers Ltd: CA 1993
The parties had disputed insurance claims after the foundering of the Alexandros T. After allegations of misbehaviour by the underwriters, the parties had settled the claims in a Tomlin Order. Five years later, however, the shipowners began proceedings in Greece making substantially similar allegations and claims, but under the equivalent in Greek law. In response … Continue reading In re The Alexandros T: SC 6 Nov 2013
On a proper construction of the expression ‘place where the harmful event occurred’ in Article 5(3) of the Convention of 27 September 1968 on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters as amended by the Convention of 9 October 1978 on the accession of the Kingdom of Denmark, Ireland and the … Continue reading Shevill, Ixora Trading Inc., Chequepoint SARL and Chequepoint International Ltd v Presse Alliance SA: ECJ 7 Mar 1995
A tortious conspiracy was alleged in the conduct of a civil action. The plaintiff appealed against rejection of his claim. Held: The appeal failed as an attempt to circumvent the immunity of a wirness in defamation by framing a claim in conspiracy. Sellers LJ considered whether a complaint was privileged: ‘Whatever form of action is … Continue reading Marrinan v Vibert: CA 2 Jan 1963
The jockey claimant challenged disciplinary proceedings brought against him by the defendant authority. Held: The findings were upheld in part but remitted for consideration of giving the claimant opportunity to challenge certain evidence. Citations: [2010] EWHC 508 (QB) Links: Bailii Jurisdiction: England and Wales Citing: Cited – Nagle v Fielden CA 1966 The applicant, a … Continue reading McKeown v British Horseracing Authority: QBD 12 Mar 2010
The claimant alleged that the defendant, the chief executive of the Law Society had slandered him in a conversation with another senior lawyer. The claimant now sought summary judgment against the claimant, saying that the defence had no realistic prospect of success. Held: The claim was dismissed as an abuse. Whilst the alleged libel was … Continue reading Kordowski v Hudson: QBD 21 Oct 2011
The defendant sought clarification through the court as to the meanings inherent in the words complained of. Held: The application failed. ‘I do not consider the ordinary reasonable reader would be perverse to conclude that the suspicions arguably raised in the headlines are not dispelled by the text of the article itself; and I have … Continue reading Caplin v Associated Newspapers Ltd: QBD 20 Jun 2011
The defendant sought to strike out a claim in defamation. Acting on behalf of his client the solicitor defendant was said to have called a journalist and defamed the claimant. The words were denied. Held: Assuming (which was denied) that the allegations made by the claimant were true as to what had happened, the claimant … Continue reading Khader v Aziz and Another: QBD 31 Jul 2009
Orders were sought to strike out part of the defendants defence of justification to an allegation of defamation. Held: Where there remains the possibility of a jury trial, it becomes especially important to identify the issues the jurors are to resolve and the facts they are invited to find. Judges: Eady J Citations: [2009] EWHC … Continue reading Prince Radu of Hohenzollern v Houston and Another (No 4): QBD 4 Mar 2009
The claimant alleged trade mark infringement by the respondents by the use of a mark in a pop-up advert. Held: The own-name defence to trade mark infringement is limited. Some confusion may be allowed if overall the competition was not unfair in all the circumstances. No confusion was intended; they wanted only to associate their … Continue reading Reed Executive Plc, Reed Solutions Plc v Reed Business Information Ltd, Reed Elsevier (Uk) Ltd, Totaljobs Com Ltd: CA 3 Mar 2004
The defendant sought a strike out of the claim in defamation, saying that postings made on its web-sites were fair and accurate reports of court proceedings published contemporaneously. The claimant solicitor had been the subject of disciplinary proceedings by the Law Society. The articles had been removed on the day a complaint was made. Held: … Continue reading Karim v Newsquest Media Group Ltd: QBD 27 Oct 2009
The claimant MP sued the defendant in defamation after he had alleged that the MP had corruptly solicited and received payments and benefits in kind as a reward for parliamentary services rendered. Held: Parliament has protected by privilege an MP against action for defamation arising from his parliamentary activities. A defendant in an action for … Continue reading Hamilton v Al Fayed: HL 23 Mar 2000
The claimant sought damages for defamation. The defendant through their company had accused him acting in such a way as to allow a conflict of interest to arise. They said that he had been invited to act on a proposed purchase but had used the information to put in a higher offer himself. The claimant … Continue reading Ratiu, Karmel, Regent House Properties Ltd v Conway: CA 22 Nov 2005
Grand Chamber – The first applicant said he had been injured by a shot fired by a British soldier who had been carried for two miles into the Republic of Ireland, clinging to the applicant’s vehicle following an incident at a checkpoint. Held: Rules granting the State immunities, did not infringe the applicants’ right to … Continue reading McElhinney v Ireland; Al-Adsani v United Kingdom; Fogarty v United Kingdom: ECHR 21 Nov 2001
The court decided the issue of what meaning the words complained of would have been understood to bear. The ordinary reader of an article may well not think in legalistic terms such as ‘strong grounds to suspect’ or ‘reasonable grounds to suspect’ when articulating his or her impression of the meaning conveyed by the words. … Continue reading Charman v Orion Publishing Group Ltd and others: QBD 14 Oct 2005
Application to fix compensation for defamation. Citations: [2005] EWHC 893 (QB) Links: Bailii Statutes: Defamation Act 1996 3(5) Jurisdiction: England and Wales Defamation, Damages Updated: 20 August 2022; Ref: scu.224851
The defendants appealed an award of costs on an indemnity basis against them in the favour of a legally aided claimant. Held: Indemnity costs were often intended to indicate disapproval of a party’s behaviour in an action, and were awarded in several and discretionary circumstances. It was not an objection of principle to say that … Continue reading Brawley v Marczynski and Another: CA 21 Oct 2002
Application to fix compensation under 1996 Act. Citations: [2005] EWHC 892 (QB), [2005] EMLR 553 Links: Bailii Statutes: Defamation Act 1996 3(5) Jurisdiction: England and Wales Defamation, Media Updated: 15 August 2022; Ref: scu.224852
(Summary of judgment) Citations: [1997] EWHC QB 366 Links: Bailii Jurisdiction: England and Wales Citing: See Also – McDonald’s Corporation and Another v Steel and Morris CA 17-Oct-1996 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. . . Cited … Continue reading McDonald’s Corporation, McDonald’s Restaurants Limited v Helen Marie Steel, David Morris: QBD 19 Jun 1997
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014
The claimant sought damages for an article published by the defendant, who argued that as a corporation, the claimant corporation needed to show special damage, and also that the publication had qualified privilege. Held: ‘It is an established principle of the law of libel in this country that a claimant, whether individual or corporate, does … Continue reading Jameel and Another v Wall Street Journal Europe Sprl (No 2): CA 3 Feb 2005
The various claimants sought to challenge the 2004 Act by way of judicial review on the grounds that it was ‘a disproportionate, unnecessary and illegitimate interference with their rights to choose how they conduct their lives, and with market freedoms protected by European law; and an unjust interference with economic rights.’ Held: ‘We have concluded … Continue reading Countryside Alliance and others v HM Attorney General and others: Admn 29 Jul 2005
The court looked at the calculation of damages after an offer of amends under the Act by the defendant. Held: Such calculations have to be linked to the very different circumstances of each case. Comparisons with awards after jury trial were unhepful: ‘I am not concerned with hypothesising as to what a particular group of … Continue reading Cleese v Clark: QBD 2003
The claimant was upset by an article published by the defendant making false allegations that he had behaved in a sexually profligate manner many years earlier. When it was substantially repeated he sued. Held: The words were defamatory. An offer of amends had been made, and the court had to ask what effect that had … Continue reading Nail v Jones, Harper Collins Publications Ltd; Nail v News Group Newspapers Ltd, Wade etc: QBD 26 Mar 2004
A posting on a website criticised the competence and integrity of a solicitor. The posting was thought to have been live for about a month. On an application under ss 8 and 9 of the 1996 Act in a claim which was undefended Lloyd-Jones J awarded andpound;10,000. Citations: [2011] EWHC 2140 (QB) Statutes: Defamation Act … Continue reading Farrall v Kordowski: QBD 2011
Judges: Ward, Sedley, Hooper LJJ Citations: [2007] EWCA Civ 972, [2008] 1 All ER 750 Links: Bailii Jurisdiction: England and Wales Citing: Appeal from – Charman v Orion Publishing Group Ltd and others QBD 13-Jul-2006 The claimant police officer sought damages from the defendants who had published a book alleging that he had been corrupt. … Continue reading Charman v Orion Group Publishing Group Ltd and others: CA 10 Oct 2007
Parents of a child had resisted care proceedings, and now wished the BBC to be able to make a TV programme about their case. They applied to the court for the judgment to be released. Applications were also made to have a police officer’s and medical staffs’ and social workers’ names to be excised. Held: … Continue reading British Broadcasting Corporation v CAFCASS Legal and others: FD 30 Mar 2007
The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011
The claimant had lost his company pension and complained that the respondent had refused to follow the recommendation of the Parliamentary Commissioner for Administration that compensation should be paid. Held: The court should not rely on evidence given by the Ombudsman to a parliamentary select committee committee: ‘to allow the evidence of a witness to … Continue reading Bradley and Others, Regina (on the Application of) v Secretary of State for Work and Pensions: Admn 21 Feb 2007
The claimant succeeded in her claims for general damages against the respondent for personal injury, false imprisonment and malicious prosecution, but appealed refusal of the court to award aggravated damages against the chief constable. Held: The Chief Constable was potentially liable for aggravated and or exemplary damages for the tortious acts of his officers. An … Continue reading Rowlands v Chief Constable of Merseyside Police: CA 20 Dec 2006
Dispute as to quantification of damages for libel. An offer of amends had been made, but the parties could not agree the sum payable. Judges: Pill LJ, Keene LJ, Moses LJ Citations: [2006] EWCA Civ 540, [2006] 1 WLR 3469, [2006] EMLR 703, [2006] 4 All ER 613 Links: Bailii Statutes: Defamation Act 1996 3(5) … Continue reading Turner v News Group Newspapers Ltd and Another: CA 16 May 2006
PC (New Zealand) The defendant was a pathologist who carried out cervical smears. His actions were found to be negligent. Held: The Board considered whether it would be correct to require an additional prerequisite of intention or conscious recklessness before an award of exemplary damages. Such a requirement would always bring evidential difficulties and ‘courts … Continue reading A v Bottrill: PC 9 Jul 2002
The defendant appealed agaiunst a finding that it had defamed the claimant by repeating the contents of papers found after the invasion of Iraq which made claims against the claimant. The paper had not sought to justify the claims, relying on Reynolds privilege. Held: The appeal failed. The judge had applied the correct tests for … Continue reading George Galloway MP v The Telegraph Group Ltd: CA 25 Jan 2006
The claimant appealed the award of damages in his claim for defamation. The defendants had variously issued apologies. The claimant had not complained initially as to one publication. Held: In defamation proceedings the damage to feelings is assessed as at the point of assessment, and conduct of the defendant after the publication may aggravate or … Continue reading Nail and Another v News Group Newspapers Ltd and others: CA 20 Dec 2004
The claimant MP alleged defamation in articles by the defendant newspaper. They claimed to have found papers in Iraqi government offices after the invasion of Iraq which implicated the claimant. The claimant said the allegations were grossly defamatory and untrue. The defendants said that the articles were protected by qualified privilege, since the claimant was … Continue reading George Galloway MP v Telegraph Group Ltd: QBD 2 Dec 2004
The claimant sought an injunction preventing the respondent form of solicitors acting for a client in a bid for the claimant, saying that the firm was continuing to act for it, and that a conflict of interest arose. Held: Though the transactions were different, there remained a sufficient risk of conflict. Most cases on the … Continue reading Marks and Spencer plc v Freshfields Bruckhaus Deringer (A Firm): ChD 2 Jun 2004
The Civil Procedure Rules did not alter the previous practice in defamation actions, that the words to be relied upon should be pleaded in detail, save only in exceptional circumstances. The case had been properly struck out, as disclosing no reasonable cause of action, where the claimant had failed to establish the words used. Judges: … Continue reading Best v Charter Medical of England Ltd and Another: CA 26 Oct 2001
The court examined the development of the law in relation to comparative advertising. Jacob J said: ‘Prior to the coming into force of the Trade Marks Act 1994 comparative advertising using a registered trade mark of a competitor was, subject to minor exceptions involving the use of a company name, forbidden by section 4(1) of … Continue reading Vodafone Group Plc v Orange Personal Communications Services Ltd: ChD 1997
Trial of preliminary issues of malice and privilege Judges: Mr Justice Tugendhat Citations: [2012] EWHC 2606 (QB) Links: Bailii Statutes: Defamation Act 1996 15 Jurisdiction: England and Wales Defamation Updated: 23 June 2022; Ref: scu.464789
The court considered whether an article published in the British Medical Journal was capable of bearing a meaning defamatory of the plaintiff dentist. The article made an attack upon the plaintiff’s technique for anaesthesia. Held: Words may be defamatory of a professional person if they impute a lack of knowledge, judgment, efficiency or competence in … Continue reading Drummond-Jackson v British Medical Association: CA 1970
No anonymity for investigation suspect The claimant had been investigated on an allegation of historic sexual abuse. He had never been charged, but the investigation had continued with others being convicted in a high profile case. He appealed from refusal of orders restricting publication of his name and involvement in the inquiry. Held: (Kerr and … Continue reading PNM v Times Newspapers Ltd and Others: SC 19 Jul 2017
The defendant firm of solicitors sought leave to appeal against an injunction requiring them not to act for a client in making a bid to take over the business of the claimant, a former client of the firm. Held: Leave was refused. The appeal had no prospect of success. The principle against a firm of … Continue reading Marks and Spencer Group Plc and Another v Freshfields Bruckhaus Deringer: CA 3 Jun 2004
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 … Continue reading Jameel and Another v Times Newspapers Limited: CA 21 Jul 2004
The claimant and her son sought to visit her other son in Leeds Prison. He was suspected of involvement in drugs, and therefore she was subjected to strip searches. There was no statutory support for the search. The son’s penis had been touched which was a battery. Held: The policy considerations which limit the heads … Continue reading Wainwright and another v Home Office: HL 16 Oct 2003
The claimants sought damages for defamation and breach of contract. The claimants had purchased a business from the defendant, which contract included a clause requiring the defendant to say nothing damaging about the business. The defendant asserted qualified privilege. The defendant was alleged to have told suppliers, by means of anonymous letters, that they were … Continue reading Downtex v Flatley: CA 2 Oct 2003
The claimant had taken a lease of property from a local authority. Relying upon an option for renewal, he invested substantially in the property, but it was then decided that the option was ultra vires. Held: Property rights protected under the Convention included such rights. The concept of ‘possessions’ in Art. 1 includes a legitimate … Continue reading Stretch v The United Kingdom: ECHR 24 Jun 2003
The media’s right to freedom of expression, particularly in the field of political discussion ‘is of a higher order’ than ‘the right of an individual to his good reputation.’ The majority upheld an appeal against a trial judge’s ruling that the publication in question was not within the protection of Reynolds privilege. ‘Reportage’ is ‘a … Continue reading Al-Fagih v H H Saudi Research and Marketing (UK) Ltd: CA 1 Nov 2001
The claimants had issued defamation proceedings. The defendant said they were out of time, having begun the action more than one year after the alleged publication, but accepted that they had not been prejudiced in their defence. The court refused to extend the period. The lack of prejudice to the defendant was not in itself … Continue reading Steedman, Clohosy, Smith, Kiernan, Newman, Creevy, Anderson v The British Broadcasting Corporation: CA 23 Oct 2001
The plaintiff began a defamation action against seven defendants. Each had admitted publication but pleaded justification. The claims against the fourth to seventh defendants were dismissed by consent, and the third had gone into liquidation. The remaining two defendants, acting in person, applied for the action to be struck-out for want of prosecution. The plaintiff’s … Continue reading Grovit and others v Doctor and others: HL 24 Apr 1997
There should be nothing in any sense ‘rough and ready’ about the assessment of the claimant’s reputation under the offer of amends procedure in the 1996 Act. If compensation is not agreed it should be determined by the court on the same principles as in defamation proceedings. The court will take account of a range … Continue reading Abu v MGN Ltd: QBD 2003
The claimant sought judicial review of the decision made by TfL not to allow an advertisement on behalf of the Trust to appear on the outside of its buses. It was to read: ‘NOT GAY! EX-GAY, POST-GAY AND PROUD. GET OVER IT!’. The decision was said to be based on the resondent’s policies. The respondent … Continue reading Core Issues Trust v Transport for London: Admn 22 Mar 2013
The defendant journalist had published confidential material obtained from the claimant’s secure hospital at Ashworth. The hospital now appealed against the refusal of an order for him to to disclose his source. Held: The appeal failed. Given that over 200 people may have been the source, the claimant’s argument based on the burden on fellow … Continue reading Mersey Care NHS Trust v Ackroyd: CA 21 Feb 2007
The trust, operators of Ashworth Secure Hospital sought from the defendant journalist disclosure of the name of their employee who had revealed to the defendant matters about the holding of Ian Brady, the Moors Murderer, and in particular medical records. Held: The need for involvement by the third party in the source’s wrongdoing is a … Continue reading Mersey Care NHS Trust v Ackroyd: QBD 7 Feb 2006
The court was asked whether the daughter of Cecil Parkinson and Sarah Keays should be permitted to take part in a television programme about the specialist help she was receiving for her special educational needs. Held: The court refused to vary an injunction against publication of any details with regard to a particular child. This … Continue reading In re Z (A Minor) (Identification: Restrictions on Publication): CA 31 Jul 1995
Defence paragraphs alleging justification were to be struck out only in the clearest of cases. One should only plead justification if one has reasonable evidence to support the defence or reasonable grounds for supposing that sufficient evidence will be available at trial. Citations: Independent 22-Apr-1994, Times 14-Apr-1994, [1995] EMLR 527 Jurisdiction: England and Wales Cited … Continue reading McDonald’s Corporation v Steel and Another: CA 14 Apr 1994
The claimants sought summary relief in their defamation claim against the defendants. Judges: Eady J Citations: [2005] EWHC 1156 (QB) Links: Bailii Statutes: Defamation Act 1996 8 9 10 Jurisdiction: England and Wales Defamation Updated: 10 May 2022; Ref: scu.263172
The defendant requested entry of summary judgment against itself under section 8(3) to limit the maximum damages to andpound;10,000. If it went to trial the defendant might argue qualified privilege. To have jurisdiction it had to appear to the court that ‘there is no defence to the claim that has a realistic prospect of success, … Continue reading Milne v Telegraph Ltd: QBD 2001
The Plaintiff, a credit bookmaker successfully sued the Bank in libel. The libel proved was writing the words ‘not sufficient’ on a cheque issued by the Plaintiff when they dishonoured it. He would have had sufficient funds ad the bank followed his instructions to stop an earlier cheque. As applied to cheques, s 49(12) of … Continue reading Davidson v Barclays Bank Ltd: 1940
The claimants said that they had been tortured by Saudi police when arrested on false charges. They sought damages, and appealed against an order denying jurisdiction over the defendants. They said that the allegation of torture allowed an exception to state immunity. Held: The Kingdom’s appeal succeeded. The protection of state immunity was essentially a … Continue reading Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others: HL 14 Jun 2006
The defendants published an article describing the plaintiff estate agent as ‘a notorious dodgy operator of London slum properties’. The article quoted statements by Lord Goddard CJ 8 years before describing the plaintiff’s estate agency as ‘a fraudulent business from beginning to end’. The defendants put forward a plea of justification stating that in the … Continue reading Waters v Sunday Pictorial Newspapers Ltd: CA 1961
Exemplary and aggravated damages were claimed in an action for nuisance arising out of the contamination of water by the defendant utility. Held: Sir Thomas Bingham MR said: ‘A defendant accused of crime may ordinarily be ordered (if convicted) to pay a financial penalty. In such a case he will enjoy the constitutional safeguards afforded … Continue reading AB v South West Water Services Ltd: CA 1993
The claimant alleged that disparaging adverts by the defendant infringed its trade marks and amounted to the tort of malicious falsehood. Held: There was no dispute that the mark had been used. The Act could not be used to prevent any use of another’s trade mark in comparitive advertising. In this case the advertisement, though … Continue reading British Airways Plc v Ryanair Limited: ChD 25 Oct 2000
Eady J explained the background and legislative purpose of the 1996 Act provisions for offers of amends. Judges: Eady J Citations: [2002] EWHC 2345 (QB), [2003] 1 WLR 2201 Statutes: Defamation Act 1996 2 Cited by: Cited – Murray v Associated Newspapers Ltd QBD 15-Apr-2014 Application to read unilateral statement in satisfaction of defamation claim. … Continue reading Abu v MGN Ltd (Practice Note): QBD 2002
The applicant sought to bring an action to challenge new rules on approval of export credit guarantees. The company was non-profit and founded to support investigation of bribery. It had applied for a protected costs order to support the application, and now appealed its refusal. Held: The court restated the practice on the making of … Continue reading Corner House Research, Regina (on the Application of) v Secretary of State for Trade and Industry: CA 1 Mar 2005
The police were not under any duty to protect someone who had been arrested from injuring himself in an attempt to escape. The claimant had a history of seeking to avoid capture by jumping from his flat window. On this occasion he injured himself in the fall. The doctrine of ex turpi no oritur actio … Continue reading Vellino v Chief Constable of Greater Manchester Police: CA 31 Jul 2001
The defendants had published an article stating simply and solely that a writ had been issued against the four plaintiffs claiming damages for alleged conspiracy to defraud. They pleaded justification, based on the issue of the writ itself. The plaintiffs attacked this plea on the grounds that it offended against the repetition rule. Held: The … Continue reading Cadam v Beaverbrook Newspapers Ltd: CA 1959
Two police officers gave evidence in a criminal prosecution of others, that the plaintiff, a barrister, had behaved improperly by obstructing a police officer in the execution of his duty and subsequently gave similar evidence at an inquiry before the Benchers of Lincoln’s Inn into the conduct of the plaintiff. The plaintiff brought an action … Continue reading Marrinan v Vibart: CA 2 Jan 1962
The plaintiff (herself a Princess) complained that she could be identified with the character Princess Natasha in the film ‘Rasputin, the Mad Monk’. On the basis that the film suggested that, by reason of her identification with ‘Princess Natasha’, she had been seduced by Rasputin, she was awarded andpound;25,000 damages. The defendant contended that if … Continue reading Youssoupoff v MGM Pictures: CA 1934
There is no justification for artificially excising from the damages recoverable for breach of contract that part of the financial loss which might or might not be the subject of a successful claim in defamation. A claim for mere loss of reputation is properly for an action for defamation, and cannot ordinarily be sustained by … Continue reading Foaminol Laboratories Ltd v British Artide Plastics Ltd: 1941
The claimant sought damages for the losses it had suffered as a result of price fixing by the defendant companies in the vitamin market. The European Commission had already fined the defendant for its involvement. Held: In an action for breach of statutory duty the court can in appropriate circumstances make a restitutionary award, that … Continue reading Devenish Nutrition Ltd and others v Sanofi-Aventis SA (France) and others: ChD 19 Oct 2007
Plaintiffs who lived in Russia sought damages for defamation against an American magazine with a small distribution in England. Both plaintiffs had real connections with and reputations in England. A judgment in Russia would do nothing to repair the reputations in England, and accordingly the proper place to sue was in England. Under English law … Continue reading Berezovsky v Forbes Inc and Michaels; Glouchkov v Same: HL 16 May 2000
Test For Defamatory Meaning The plaintiff complained that the defendant had written in a telegram to accuse him of enticing away a servant. The House considered the process of deciding whether words were defamatory. Held: The telegram was incapable of bearing a defamatory meaning.Lord Atkin set out a test: ‘The question, then, is whether the … Continue reading Sim v Stretch: HL 1936
Exemplary Damages Award in Defamation The plaintiff had been awarded damages for defamation. The defendants pleaded justification. Before the trial the plaintiff gave notice that he wanted additional, exemplary, damages. The trial judge said that such a claim had to have been pleaded. The Court of Appeal had considered Rookes -v- Barnard to have been … Continue reading Cassell and Co Ltd v Broome and Another: HL 23 Feb 1972
Presumption of Damage in Defamation is rebuttable The defendant complained that the presumption in English law that the victim of a libel had suffered damage was incompatible with his right to a fair trial. They said the statements complained of were repetitions of statements made by US authorities. The claimant had asserted that no more … Continue reading Dow Jones and Co Inc v Jameel: CA 3 Feb 2005
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 fraud. The defendants admitted that the articles were … Continue reading Lewis v Daily Telegraph Ltd: HL 1964
The claimant alleged defamation and malicious falsehood in an article published and written by the defendants. She complained that she was said to have fabricated an interview with the second defendant for her book. An interview of sorts had now been accepted to have taken place. Held: To be counted as defamatory an allegation must … Continue reading Thornton v Telegraph Media Group Ltd: QBD 26 Jul 2011
Applications concerning (1) the meanings which the words complained of are capable of bearing and (2) the extent to which, if at all, the claims advanced by the claimant have any real prospect of success having regard to that issue, and the reporting privileges provided for in s 15 of and the Schedule to the … Continue reading Alsaifi v Trinity Mirror Plc and Others: QBD 27 Jun 2017
The plaintiff, who worked in financial services, complained of the terms of the reference given by his former employer. Having spoken of his behaviour towards members of the team, it went on: ‘his former superior has further stated he is a man of little or no integrity and could not be regarded as honest . … Continue reading Spring v Guardian Assurance Plc and Others: HL 7 Jul 1994
Decomposed Snail in Ginger Beer Bottle – Liability The appellant drank from a bottle of ginger beer manufactured by the defendant. She suffered injury when she found a half decomposed snail in the liquid. The glass was opaque and the snail could not be seen. The drink had been bought for her by a friend, … Continue reading Donoghue (or M’Alister) v Stevenson: HL 26 May 1932
When determining whether a claimant has possessions or property within the meaning of Article I the court may have regard to national law and will generally do so unless the national law is incompatible with the object and purpose of Article 1. Any interference with the enjoyment of property must be justifiable as being in … Continue reading Pressos Compania Naviera S A And Others v Belgium: ECHR 20 Nov 1995
The claimant sought damages in defamation saying that the defendants had published a web page which falsely associated her with a terrorist gang in the 1970s. The defendants now sought a strike out of her claim as an abuse saying that a similar action by her had already been struck out applying Jameel. The defendant … Continue reading Kaschke v Gray and Another: QBD 23 Jul 2010
AMT entered into many financial services agreements providing for exclusive EW jurisdiction. It now sought to restrain the defendant German lawyers from encouraging litigation in Germany saying that induced breaches of the contracts. It also sought as damages the costs incurred in the German litigation. The defendant asserted lack of jurisdiction saying that the alleged … Continue reading AMT Futures Ltd v Marzillier and Others: SC 1 Mar 2017
The claimant anti-asbestos campaigners complained that the defendant investigators had infringed their various rights of privacy. They now sought discovery to support the claim. Held: the contents of the witness statements do show that it is more than speculative that these Claimants could, if their recollection was prompted by seeing documents, formulate a claim with … Continue reading Bains and Others v Moore and Others: QBD 15 Feb 2017
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 material complained of the natural and ordinary meaning which it would have conveyed to … Continue reading Skuse v Granada Television: CA 30 Mar 1993
The defendant MEP had had adjourned the claim against her for defamation, claiming that her actions has been as an MEP and therefore exempt from proceedings. The chair of the European Parliament Legal Affairs Committee had received and rejected her request for protection. She now said that she had not been properly advised when settling. … Continue reading Barron and Others v Collins MEP: QBD 22 Dec 2016
Virgin Atlantic Airways Ltd sought to recover damages exceeding 49,000,000 pounds for the infringement of a European Patent which did not exist in the form said to have been infringed. The Technical Board of Appeal of the European Patent Office had retrospectively amended it so as to remove with effect from the date of grant … Continue reading Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd: SC 3 Jul 2013
Shareholder May Sue for Additional Personal Losses A company brought a claim of negligence against its solicitors, and, after that claim was settled, the company’s owner brought a separate claim in respect of the same subject-matter. Held: It need not be an abuse of the court for a shareholder to seek damages against advisers to … Continue reading Johnson v Gore Wood and Co: HL 14 Dec 2000
The defendant newspaper had made a full apology and offer of amends under the section, and relied upon it as a defence. The claimant sought to impugn that apology, saying that the article had been malicious. He sought disclosure to support the claim. Held: The request was a fishing expedition. To undermine the defence, the … Continue reading Milne v Express Newspapers Ltd: QBD 29 Nov 2002
The claimant, former chairman of the Thailand Football Association, claimed in defamation against the defendant who had been chairman of the English Football Association. The defendant asked the court to strike out the claim, saying that some of the claims were based on privileged evidence given to a parliamentary committee, and associated publications, and the … Continue reading Makudi v Baron Triesman of Tottenham In London Borough of Haringey: QBD 1 Feb 2013
The claimant solicitor said he had been defamed on the first defendant’s website (‘Solicitors from Hell’) by the second defendant. The first defendant now applied to set aside judgment entered by default. The claimant additionally sought summary disposal under section 8 of the 1996 Act. The second defendant had settled admitting his claims were unjustified. … Continue reading Robins v Kordowski and Another: QBD 22 Jul 2011
The defendant sought to strike out the claimant’s action in defamation. It had reported that the police had withdrawn an employment offer to claimant after doubting his immigration status. Held: The claims should be struck out. The articles were now available on the defendant’s website only by searching for it. A search would reveal three … Continue reading Budu v The British Broadcasting Corporation: QBD 23 Mar 2010