Cases

Active filters: Area of work: Defamation and Malicious Falsehood [clear]
Year: 2002 [clear]

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Gutnick v Dow Jones & Co Inc

December 10, 2002

Libel - Publication - Internet - Single publication rule - Appropriate forum

[2002] HCA 56; (2002) 77 ALJR 255 - High Court of Australia

Judge Gleeson CJ, Gaudron, McHugh, Gummow, Kirby, Hayne and Callinan JJ

Chase v News Group Newspapers Ltd

December 3, 2002

Defamation - Libel - Human rights - Freedom of expression - Justification - Conduct rule - Repetition rule - Matters post-dating publication

[2002] EWCA Civ 1772; [2003] EMLR 218 - Court of Appeal

Judge Brooke, Rix & Keene LJJ

Milne v Express Newspapers (QBD)

November 29, 2002

Defamation - Offer of amends - s.4(3) Defamation Act 1996 - "knew or had reason to believe"

[2002] EWHC 2564 (QB); [2003] 1 WLR 927; [2003] 1 All ER 482; [2003] EMLR 440 - Queen's Bench Division

Judge Eady J

Times Newspapers Ltd v Burstein

November 28, 2002

Defamation - Libel - Costs - Conditional Fee Agreement - Indemnity principle - Preliminary issue - Order for cross-examination

[2002] EWCA Civ 1739 - Court of Appeal

Judge Lord Phillips MR, Mance & Latham LJJ

Loutchansky v Times Newspapers Ltd and others (No. 7)

November 26, 2002

Defamation - Libel - Qualified privilege - Reconsideration of original decision on qualified privilege following the Court of Appeal's decision ([2002] QB 783)

[2002] EWHC 2490 (QB) - Queen's Bench Division

Judge Gray J

Komarek v Ramco Energy Plc

November 21, 2002

Defamation - Libel - Conflict of laws - Legal professional privilege - Double actionability - Summary judgment - Qualified privilege - Malice

21/11/2002 - Queen's Bench Division

Judge Eady J

Clarke v Davey

November 8, 2002

Defamation - Slander - Strike out - CPR Part 24 - Abuse of process - Summary judgment - s.8 Defamation Act 1996 - Absolute privilege - Qualified privilege - Malice

[2002] EWHC 2342 (QB) - Queen's Bench Division

Judge Gray J

Abu v MGN Ltd

November 7, 2002

Defamation - Libel - offer of amends- principles to be applied in assessing compensation under s3(5) of the Defamation Act 1996- damages

[2002] EWHC 2345 (QB); [2003] 1 WLR 2201; [2003] 2 All ER 864; [2003] EMLR 21 - Queen's Bench Division

Judge Eady J

Grobbelaar v News Group Newspapers Ltd

October 24, 2002

Defamation - Libel - Review of jury verdict - Damages - Inherent power of House of Lords

[2002] UKHL 40; [2002] 1 WLR 3024; [2002] 4 All ER 732; [2003] EMLR 1 - House of Lords

Judge Lords Bingham, Steyn, Hobhouse, Millett and Scott

Spencer v Sillitoe and International Computers Ltd

October 22, 2002

Defamation - Libel - Summary judgment - Disputed facts - Role of Jury - CPR Part 24 - s.69 Supreme Court Act 1981

[2002] EWCA Civ 1579; [2003] EMLR 207 - Court of Appeal

Judge Simon Brown, Buxton & Carnwath LJJ

Wilkey & Another v BBC

October 22, 2002

Civil procedure - Late service of claim form - Deemed date of service - Actual date of service - Dispensing with service under CPR Part 6.9 - Exceptional circumstances - Claimant at fault

[2002] EWCA Civ 1561; [2003] 1 WLR 1; [2002] 4 All ER 1177 - Court of Appeal

Judge Simon Brown, Buxton & Carnwarth LJJ

Foster & Another v Associated Newspapers Limited

September 13, 2002

Defamation - Libel - meaning - justification - amendment - mode of trial - s.69 Supreme Court Act 1981 - adjournment of trial

[2002] EWHC 1885 (QB) - Queen's Bench Division

Judge Gray J

Bataille v Newland & Ors

July 31, 2002

Defamation - Libel - Publication - Strike out - CPR Part 3.1 and 3.4 - No reasonable grounds for alleging publication - Summary Judgment under CRP Part 24.2 - no prospect of proving publication - Mini-trial.

[2002] EWHC 1692 (QB) - Queen's Bench Division

Judge Eady J

Campbell v News Group Newspapers Ltd (No.2)

July 31, 2002

Defamation - Libel - quantum - justification - whether judge had misdirected jury - effect of attempt by claimant to pervert the course of justice - appeal allowed and damages reduced from £350,000 to £30,000

[2002] EWCA Civ 1143; [2002] EMLR 43 - Court of Appeal

Judge Schiemann, Mantell & Mance LJJ

Lillie & Reed v Newcastle City Council & Others (No.2)

July 30, 2002

Defamation - Libel - Justification - Qualified privilege - Malice - Public authorities - Damages - Local Government (Access to Information) Act 1985.

[2002] EWHC 1600 (QB) - Queen's Bench Division

Judge Eady J

Mawdsley v Guardian Newspapers Ltd

July 24, 2002

Defamation - Libel - Failure to mitigate - Summary disposal - s.8 Defamation Act 1996- damages

[2002] EWHC 1780 (QB) - Queen's Bench Division

Judge Morland J

MacIntyre v Phillips

July 24, 2002

Defamation - Libel - qualified privilege - similar fact evidence - preliminary issue - rule of practice that qualified privilege be tried first

[2002] EWCA Civ 1087; [2003] EMLR 194 - Court of Appeal

Judge Brooke & Dyson LJJ & Wall J

Wallis v Valentine

July 18, 2002

Defamation - Libel - Summary Judgment - Evidence of Publication - No prospect of Success - CPR Part 24 - Abuse of Process

[2002] EWCA Civ 1034; [2003] EMLR 175 - Court of Appeal

Judge Peter Gibson & Potter LJJ and Sir Murray Stuart-Smith

Mills v MGN Ltd

July 5, 2002

Defamation - Libel - ruling on meaning - striking out - CPR Part 3.4(2) - exemplary damages

[2002] EWHC 1384 (QB) - Queen's Bench Division

Judge Eady J

Gregson v Channel Four Television

July 4, 2002

Defamation - Libel - Mode of Trial - Prolonged Examination of documents - s.69 Supreme Court Act 1981

[2002] EWCA Civ 941 - Court of Appeal

Judge Waller & Robert Walker LJJ

McManus v Beckham

July 4, 2002

Defamation - Slander - liability for republication - foreseeability - special damage

[2002] EWCA Civ 939; [2002] EMLR 880; [2002] 1 WLR 2982 - Court of Appeal

Judge Waller, Clark, Laws LLJ

Bonnick v Morris

June 17, 2002

Defamation - Libel- qualified privilege to the world at large- meaning- whether single meaning rule applied applicable in determining whether Reynolds privilege available - whether article met standard of responsible journalism

[2002] UKPC 31; [2003] 1 AC 300; [2002] 3 WLR 820; [2002] EMLR 37 - Privy Council

Judge Lords Nicholls, Hoffmann, Hope & Scott and Tipping J

Mark v Associated Newspapers Limited

May 30, 2002

Defamation - Libel - Meaning - Repetition rule - Bane and antidote - Whether repetition rule consistent with ECHR Article 10 jurisprudence - Interface between defences of justification and Reynolds privilege

[2002] EWCA Civ 772; [2002] EMLR 839 - Court of Appeal

Judge Simon Brown, Mummery & Dyson LJJ

Hamilton v Al Fayed (No 2)

May 17, 2002

Costs - application for contributors to fighting fund to pay costs of successful defendant - discretion as to costs under Supreme Court Act 1981 s 51

[2003] QB 1175; [2003] 2 WLR 128 - Court of Appeal

Judge Simon Brown, Chadwick and Hale LJJ

McVicar v United Kingdom

May 7, 2002

Human rights - Defamation - Libel - Unavailability of legal aid - Exclusion of evidence - Burden of proof - Costs - Injunction - Effective access to a court - Article 6, ECHR - Freedom of expression - Article 10, ECHR

Application no. 46311/99; (2002) 35 EHRR 21 - European Court of Human Rights

Judge Rozakis (President), Tulkens, Bratza, Lorenzen, Vajic, Kovler and Zagrebelski (Judges), and Fribergh (Section Registrar)

Kinch v Associated Newspapers Ltd

April 29, 2002

Defamation - Libel - meaning - justification - allegation of infamy - bad reputation

[2002] EWHC 1020 (QB) - Queen's Bench Division

Judge Eady J

Ferguson v Associated Newspapers Limited

March 15, 2002

Defamation - Libel - football manager - summary disposal - section 8 Defamation Act 1996 - defamatory meaning - summary relief - quantum of damages

15/03/2002 - Queen's Bench Division

Judge Gray J

Gaddafi v Telegraph Group Ltd (No.3)

March 12, 2002

Defamation - Libel - pre-trial review - application by defendant to strike out claim as an abuse of the process on grounds that the Libyan claimant did not have sufficient standing or reputation in England to warrant his libel action going before a jury - application by defendant to strike out plea of foreign publication on grounds that reliance on common law presumption that foreign law the same as English law incompatible with Article 10 ECHR

12/03/2002 - Queen's Bench Division

Judge Sir Oliver Popplewell

Gillick v Brook Advisory Centres & Another (No.2)

March 12, 2002

Defamation - Libel - Summary Disposal - s.8 Defamation Act 1996 - Determination of Meaning - Whether words complained of were defamatory

12/03/2002 - Queen's Bench Division

Judge Gray J

English & Another v Hastie & Another

January 31, 2002

Defamation - Libel - Qualified privilege - Reynolds privilege - Jury trial - Reportage - s.15 & Schedule 1 Part 2 Defamation Act 1996

31/01/2002 - Queen's Bench Division

Judge Gray J

Kiam v MGN Ltd

January 28, 2002

Defamation- Libel - Damages - Jury trial - Appeal on quantum - whether award of £105,000 was excessive - procedure to determine size of bracket - referrring jury to comparable awards

[2002] EWCA Civ 43; [2003] QB 281; [2002] 2 All ER 219; [2002] 3 WLR 1036 - Court of Appeal

Judge Simon Brown, Waller & Sedley LJJ