Cases

Cook v Telegraph Media Group Limited (No 3)

Facts

In 2006 the Claimant's assistant made a £5 donation to a Battle of Britain memorial service in his constituency on his behalf. His claim for reimubursement of the donation as a Parliamentary expense was rejected. C was also a supporter of the campaign to commemorate Air Chief Marshall Sir Keith Park, a Second World War fighter commander. As part of its coverage of MPs expenses, The Sunday Telegraph published three articles on 31 May 2009 concerning C's refused claim for reinbursement. C claimed that the articles conveyed meanings that he was a 'low value-for-money MP' and that the reimbursement claim was an extraordinary abuse and exploitation of the expenses system. In an previous ruling the judge held that the words were comment and meant: (i) C's claim for £5 was particularly embarrassing having regard ot his support of the campaign to commerorate a Battle of Britain hero;  (ii) C thought it appropriate to make a claim for a refund of £5, and (iii) at the time C made the claim he did not believe he could justify it to the public. comment. C argued that meanings (ii) and (iii) had been published maliciously because C had informed the journalist (S) prior to publication that he did not consider it appropriate to claim the £5. The trial of preliminary issues was ordered, The newspaper subsequently issued an application for the plea of malice to be struck out.

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