Full case report

Dwek v Macmillan Publishers Ltd & Others

Reference [1999] EWCA Civ 2002; [2000] EMLR 284
Court Court of Appeal

Judge Judge, May & Sedley LJJ

Date of Judgment 28 Jul 1999


Summary

Defamation – Libel – Photograph – Identification – Striking Out – Ruling on Meaning


Facts

The Claimant complained of a photograph in a book which depicted him next to a woman said to be a prostitute. It was erroneously said in the caption to be a photograph of Dodi Fayed. The Defendants applied to strike out the claim.


Issue

Whether there was an arguable case that some readers would recognise the Plaintiff (now a family dentist) though described in the caption as Dodi Fayed


Held

It was possible to infer that amoungst readers of the book there might be old friends and acquaintances of the Plaintiff who would recognise him


Comment

Sedley LJ commented adversely on this sort of pre-trial skirmishing in defamation actions.


Instructing Solicitors

Sherwood Wheatley for the Claimant; Biddle for the Defendant


Links

Judgment