Cases

Dell'Olio v Associated Newspapers Ltd

Held

Ruling the words to be incapable of the pleading meaning, and dismissing the action:-

(1) The threshold principle identified in Thornton was derived from the common law authorities, but where words reflect on the personal qualities of an individual the question for the court is now viewed in the light of rights under Articles 8 and 10 of the Convention. Terluk v Berezovsky (CA) considered.

(2) Where words complained of relate to an individual's personal rather than their professional life the authorities show that intrusions must reach a certain level of seriousness to engage the operation of the Convention: see R (Gillan) v Commissioner of Police for the Metropolis, Wood v Commissioner of Police for the Metropolisand M v Secretary of State for Work and Pensions.

(3) If a claimant could not rely on Art 8, her reputational rights would still be weighed in accordance with Article 10(2), but a non-Convention right may weigh less heavily than a Convention right.

(4) Here, the fact of C's existing celebrity was relevant to whether the words complained of had a defamatory meaning; so was her letter of claim, in which she had not, or had not clearly identified any factual inaccuracies or insupportable comments in the article, as required by the Pre-Action Protocol; it was not for the court to identify in a vacuum possible alternative defamatory meanings of which C might complain; that was for her; the matter did not cross the threshold of seriousness; the words could not bear the pleaded meaning; and in the absence of any alternative meaning proposed by C the action would be dismissed.

Also