Full case report
McDonalds Corp v Steel and Morris
Reference  3 All ER 615
Court Court of Appeal
Judge Neill, Steyn & Peter Gibson LJJ
Date of Judgment 25 Mar 1994
Defamation – Libel – Striking Out – Defence – Justification – Basis on which it was proper to advance plea of justification – defences of justification and fair comment form part of the framework by which free speech is protected
Appeal against Judge’s order striking out defence of justification on grounds that their was no clear and sufficient evidence to support the plea before it was put on the record.
At what stage of the action and on what basis can the defence of justification be struck out.
A plea of justification was not required to be supported by ‘clear and sufficient evidence’ before being placed on the record, and should not be struck out unless it could be clearly demonstrated to be incurably bad. Before pleading justification a defendant should (i) believe that the words complained of were true; (ii) intend to support the defence at trial; and (iii) have reasonable evidence to support the plea or reasonable grounds to suppose that sufficient evidence to prove the allegations would be available at trial.
The decision of the Court of Appeal frustrated McDonald’s attempts to knock out most of the Defence without a trial. The case contained a useful early reminder that the defences of justification and fair comment form part of the framework by which free speech is protected and that no unnecessary barriers to the use of these defences should be erected.
Richards Butler for the Defendants
More from 5RB
5RB is the pre-eminent set in the area for handling defamation, privacy, contempt and data protection matters. Interviewees praise the set for having great depth and quality of counsel, and note that it boasts many of the top barristers in the field. Get the lowdown here.
New 22nd Edition of Clerk & Lindsell on Torts, published by Sweet & Maxwell. Further info here.