Cases

ICN Photonics Ltd v Patterson

Held

(1) The Court of Appeal can intervene where it is apparent that the Judge has gone wrong as a matter of principle or where the decision s/he has reached is 'patently unsustainable' - Hinduja v Asia TV Limited [1998] EMLR 516, Cruise v Express Newspapers [1999] QB 931, Geenty v Channel Four Television [1998] EMLR] 524 and Gillick v Brook Advisory Centres [2001] EWCA 1263 considered. (2) Where the words complained of related to a product, the issue on an application for a ruling as to meaning was whether those words were capable of reflecting adversely on the manufacturer or his conduct of his business as opposed to being disparaging merely of the product. In the instant case, the statement that the product was unsafe unless used with medical supervision was not by itself capable of being defamatory of the manufacturer. Appeal allowed.

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