The Court considered its own power to intervene in a defamation case to look at the meanings found by the judge hearing the case. The established principles ‘do not, however, prevent this court from intervening in an appropriate case, where it is satisfied that the judge has clearly gone wrong as a matter of approach or has reached a conclusion which is patently unsustainable.’ No self-denying ordinance can absolve the Court of Appeal from its responsibility to act where it is satisfied that it should intervene, even where the ruling below has been an ‘inclusive’ one.
Citations:
[2003] EWCA Civ 343
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Associated Newspapers Ltd v Burstein CA 22-Jun-2007
The newspaper appealed an award of damages for defamation after its theatre critic’s review of an opera written by the claimant. The author said the article made him appear to sympathise with terrorism.
Held: The appeal succeeded. Keene LJ . .
Cited – Jeynes v News Magazines Ltd and Another CA 31-Jan-2008
Whether Statement defamatory at common law
The claimant appealed against a striking out of her claim for defamation on finding that the words did not have the defamatory meaning complained of, namely that she was transgendered or transsexual.
Held: The appeal failed.
Sir Anthony . .
Lists of cited by and citing cases may be incomplete.
Defamation
Updated: 29 June 2022; Ref: scu.181153
