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Thornton v Telegraph Media Group Ltd (No 2)
Facts
The Claimant (C) was the authoress of a non-fiction book, ‘Seven Days in the Art World’. She sued the publishers of the Daily Telegraph (D) for libel and malicious falsehood on a review written by Lynn Barber. One of the allegations complained of (‘the copy approval allegation’) arose out of the following passage: 'She [ie C] also claims that she practices “reflexive ethnography”, which means that her interviewees have the right to read what she says about them and alter it. In journalism we call this “copy approval” and disapprove'.
D's defence of fair comment was struck out by Sir Charles Gray . A renewed application before Sedley LJ for permission to appeal that decision was adjourned pending an application to strike out the libel claim on the ground that copy approval allegation was not capable of being defamatory of C.