Cases

McPhilemy v Times Newspapers Ltd

Held

(1) The article implicitly asserted that the programme's central thesis was untrue. It was relevant to the defamatory sting to say, not only that the main content of the programme was based on obviously worthless evidence, but that it was or probably was, untrue. As such the Defendants' meaning was one the words were capable of bearing. The particulars of justification were permissible under this meaning.(2) Libel actions should, by proper case management, be confined within manageable and economic bounds, and the court would strive to manage the case so as to minimise the burden on litigants of slender means. Although this meant excluding all inessential peripheral material, it did not extend to excluding potentially important evidence which was central to a legitimate substantial defence. Libel actions should not be allowed to descend into wide-ranging investigations akin to public inquiries.

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