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Kinch v Associated Newspapers Ltd
Case Reference [2002] EWHC 1020 (QB)
Court Queen's Bench Division
Judge Eady J
Date of Judgment 29 Apr 2002
Summary
Defamation - Libel - meaning - justification - allegation of infamy - bad reputation
Facts
The Claimant complained of the allegation, amongst others, that he was infamous which was published in the Defendant's newspaper. The Defendant sought to justify that allegation by reference to a series of press cuttings to show that, justly or unjustly, the Claimant had acquired a bad reputation.
Issue
Whether reliance on the press cuttings was permissible.
Held
If the allegation of infamy is, in context, defamatory, then reliance on press cuttings is impermissible because the mere fact of bad publicity will not make reasonable persons think worse of another. The facts which show, or give reasonable grounds for believing, the person has behaved discreditably, must be pleaded.
Comment
An allegation that a Claimant has a bad reputation is not necessarily defamatory so cannot be justifiied merely by pleadinga Claimant's bad press.
Instructing Solicitors
Actons (Leicester) for the Claimant; Stock Fraser Cukier for the Defendant