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Bennett & Another v BBC & Another

Reference:
[2003] EWHC 553 (QB)
Court:
Queen's Bench Division
Judge:
Gray J
Date of Judgment:
20/03/2003
Summary:

Defamation – libel – particulars of justification – whether the defendant could justify the common sting of the whole article when the Claimant only complained about parts of it

Appearances:
Justin Rushbrooke KC - Leading Counsel (Claimant)
Bennett & Another v BBC & Another (Claimant)
Bennett & Another v BBC & Another (Defendant)
Instructing Solicitors:
Cobbetts for the Claimant; BBC Litigation Department for the Defendants

The BBC published an article on its website criticising the Claimant’s plan to launch an amateur manned rocket into space. The project was described as suicidal.

Could the Defendant justify the common sting of the whole article even though the Claimant only complained about parts of it.

The article was not simply a collection of disparate criticisms of the Claimant; it was a comprehensive critique of the whole of his project therefore all of the article, the disparate stings as well as the general sting, could be justified.

An example of how difficult it can be for claimants to avoid the problem of the defendant being able to justify parts of an article about which he does not complain.


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