Cases

Rath v Guardian News & Media Limited & Anor

Issue

(1) Whether one of the meanings sought to be justified was severable and distinct and therefore impermissible;

(2) Whether the particulars of justification were incapable of supporting the meaning that the Claimant was responsible for killing hundreds of thousands of people;

(3) Whether the article made an allegation of fact rather than comment, alternatively, if the article conveyed a comment, whether the fact that the Claimant did not sell vitamins in South Africa as stated in the article meant that a comment defence had no realistic prospect of success; and

(4) Whether the Defendant could rely upon earlier articles which published similar allegations about the Claimant in mitigation of damages.

Also