The claimant said that an article published by the defendant was defamatory. He said that the article implied that in his business associations he had put others at risk to their reputations.
Held: The action failed. The words were indeed defamatory, but the defence of justification succeeded. In part at least: ‘Mr Rothschild had not been entirely candid throughout the different stages of the case, or in evidence. That reflected his appreciation that it was foreseeable that this part of the visit, in particular, would expose Lord Mandelson to accusations of conflict of interest, and give rise to reasonable grounds for suspecting that Lord Mandelson had engaged in improper discussions with Mr Deripaska about aluminium. It was clear from his evidence that the visit to the smelter was one of the few things that can be done on a visit to that part of the world. He had done it a number of times before, he had expected to do it again at the time when he invited Lord Mandelson to join him on the trip, and the visit was itself highly memorable.
Further, I cannot accept that he can advance at the same time (as he seeks to do) both the case that the visit to the smelter was related to the joint venture, and the case that there was no discussion about the joint venture on the trip with Lord Mandelson.’ The claimant’s behaviour was inappropriate: ‘ that conduct foreseeably brought Lord Mandelson’s public office and personal integrity into disrepute and exposed him to accusations of conflict of interest, and it gave rise to the reasonable grounds to suspect that Lord Mandelson had engaged in improper discussions with Mr Deripaska about aluminium.’
Tugendhat J
[2012] EWHC 177 (QB)
Bailii
England and Wales
Citing:
Cited – Maisel v Financial Times Ltd (1) HL 1915
The plaintiff company director complained of defamation in the report of his arrest on a charge of fraud. In his Statement of Claim, the plaintiff relied upon an imputation that he was an unfit person to be the director of any company. The newspaper . .
Cited – Slim v Daily Telegraph Ltd CA 1968
Courts to Settle upon a single meaning if disputed
The ‘single meaning’ rule adopted in the law of defamation is in one sense highly artificial, given the range of meanings the impugned words sometimes bear. The law of defamation ‘has passed beyond redemption by the courts’. Where in a libel action . .
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 . .
Cited – Turcu v News Group Newspaper Ltd CA 26-May-2006
The appellant had failed in his action for damages against the newspaper which had accused him of a plot to kidnap the wife of an England footballer. He now sought leave to appeal.
Held: Evidence unavailable at the trial now suggested that the . .
Cited – Berezovsky and Glouchkov v Forbes Inc and Michaels CA 31-Jul-2001
The claimant sought damages from the defendant for a magazine article claiming that he was involved in organised crime in Russia. The defendants appealed against the striking out of elements of the defence suggesting lesser meanings. Was meaning a . .
Cited – Sutherland v Stopes HL 1925
Dr Marie Stopes failed in her attempt to reverse the verdict against her in libel proceedings she had brought in relation to a book which criticised what it called her ‘monstrous campaign of birth control’ and opined, looking back to the events of . .
Cited – Maisel v Financial Times Ltd (1) HL 1915
The plaintiff company director complained of defamation in the report of his arrest on a charge of fraud. In his Statement of Claim, the plaintiff relied upon an imputation that he was an unfit person to be the director of any company. The newspaper . .
Cited – Regina v M’Pherson 1857
The accused was charged with breaking and entering a dwelling house and stealing certain goods therein. At the time of the breaking and entering the goods were not in the house. He was acquitted of the felony but convicted of breaking and entering . .
Lists of cited by and citing cases may be incomplete.
Defamation
Updated: 12 January 2022; Ref: scu.451165
