Winslet v Associated Newspapers Ltd: QBD 3 Nov 2009

The parties had compromised a defamation claim with an offer of amends, but the claimant wished to read out a statement in accordance with the rules, being unhappy with the apology offered. The defendant objected, saying that she had no entitlement to make such an application, this being a defendant’s right.
Held: The court rejected the defendant’s contention that it is not open to a claimant to make a unilateral statement in open court where the offer of amends regime is engaged.
The claimant’s proposal would provide a way forward with each side able to make a statement, but the defendant argued that this would be a continuation of the proceedings. The current rule is very broad in its terms, and was intended to allow a statement after a settlement in any terms, and public policy would encourage the settlement of proceedings. The present rule had been brought in alongside the 1996 Act and must be taken to work alongside it, allowing the jurisdiction claimed. The defendant’s apology was modest and dismissive, and the claimant should be allowed her statement.

Eady J
[2009] EWHC 2735 (QB), [2010] EMLR 11
Defamation Act 1996 3, Civil Procedure Rules 53 PD 6.1
England and Wales
CitedBarnet v Crozier CA 1987
The court considered an application by a third party to proceedings to prevent a statement being read out in open court in defamation proceedings. Justification had originally been pleaded by both defendants but, as part of a settlement with the . .

Cited by:
CitedMurray v Associated Newspapers Ltd QBD 15-Apr-2014
Application to read unilateral statement in satisfaction of defamation claim.
Held: It follows from the terms of section 3 of the 1996 Act that the court should not regard as normal an oral hearing of submissions by a defendant that a claimant . .
CitedAssociated Newspapers Ltd v Murray CA 15-May-2015
The newspaper had been sued in defamation, and it had been agreed that a statement would be made. The parties however differed as to the form of statement to be read out in court.
Held: The appeal failed: ‘The allegation complained of is that . .

Lists of cited by and citing cases may be incomplete.

Defamation, Litigation Practice

Updated: 09 November 2021; Ref: scu.377361