Reference: [2002] EWHC 1384 (QB)
Court: Queen's Bench Division
Judge: Eady J
Date of judgment: 5 Jul 2002
Summary: Defamation - Libel - ruling on meaning - striking out - CPR Part 3.4(2) - exemplary damages
Appearances: Desmond Browne CBE KC - Leading Counsel (Defendant) Godwin Busuttil (Defendant)
Instructing Solicitors: Davenport Lyons for the Defendant
Facts
The claimant, now married to Sir Paul McCartney, sued in libel over an article published in the Sunday Mirror. The defendant applied to strike out the defamatory meaning relied on by the claimant and her claim for exemplary damages.
Issue
Whether the meaning pleaded on behalf of the claimant was one which the article was capable of bearing; whether the plea of exemplary damages was permissible.
Held
Application granted. The meaning had been overpleaded; the article was not capable of supporting a meaning of ‘dishonesty’. Cases of ‘dishonesty’ and ‘mercenary calculation’ in the context of claims for exemplary damages must be pleaded with the same cogency as pleas of dishonesty and malice in other contexts.
Comment
Formulaic pleas of exemplary damages will not be permitted.