Cases

Active filters: Area of work: Defamation and Malicious Falsehood [clear]
Year: 2003 [clear]

Wood v Chief Constable of West Midlands Police

Defamation - Libel - qualified privilege - summary judgment - privilege of a police officer to warn the clients of an unconvicted defendant not to trade with his business

[2003] EWHC 2971 (QB), [2004] EMLR 310 - Queen's Bench Division

Judge Tugendhat J

Jameel & Another v Wall Street Journal Europe (CA)

Libel - meaning - preliminary ruling as to capable meanings - qualified privilege - admissibility of evidence bearing on truth of allegation complained of

[2003] EWCA Civ 1694; [2004] EMLR 6 - Court of Appeal

Judge Simon Brown, Mummery and Mance LJJ

Polanski v Conde Nast Publications Ltd (CA)

Defamation - Libel - Civil procedure - Civil evidence - Human Rights - CPR - Video conference link

[2003] EWCA Civ 1573; [2004] 1 WLR 387; [2004] 1 All ER 1220; [2004] EMLR 7 - Court of Appeal

Judge Simon Brown, Jonathan Parker & Thomas LJ

Miller v Associated Newspapers Ltd

Defamation - Libel - Reynolds qualified privilege - application to strike out defence of privilege- alternatively for summary judgment - whether the law as to qualified privilege was in a state of flux

[2003] EWHC 2799 (QB); [2004] EMLR 698 - Queen's Bench Division

Judge Eady J

Jameel & Another v Times Newspapers Ltd

Defamation - Libel - Meaning of words complained of - Whether article capable of being defamatory of corporate claimant - Justification - Summary judgment

[2003] EWHC 2609 (QB) - Queen's Bench Division

Judge Gray J

Pedder v News Group Newspapers Ltd

Defamation - Libel - Abuse of process - Human Rights -Whether an attempt to re-litigate issues already decided against Claimants in a similar action should be struck out as an abuse of the process - whether the Defendants could rely upon the Claimants being on a conditional fee agreement without ate insurance to justify striking out the claim

[2003] EWHC 2442 (QB); [2004] EMLR 348 - Queen's Bench Division

Judge Gray J

Downtex v Flatley

Defamation - Civil procedure - Summary disposal - Summary judgment - s8 Defamation Act 1996- Qualified Privilege - injunction

[2003] EWCA Civ 1282 - Court of Appeal

Judge Potter & Chadwick LJJ and Cresswell J

Vassiliev v Amazon.com Inc

Defamation - Civil procedure - Summary judgment - Abuse of process - Fair comment - Related proceedings - whether the issues were sufficiently similar

[2003] EWHC 2302 (Comm) - Queen's Bench Division (Commercial Court)

Judge Eady J

Powell v Boladz & others

Defamation - Libel - Delay - Striking out - Abuse of process - Human Rights - Articles 6, 8 & 10 European Convention on Human Rights

[2003] EWHC 2160 (QB) - Queen's Bench Division

Judge Tugendhat J

Blake v Associated Newspapers Limited

Defamation- Libel - Civil Procedure- Ecclesiastical- Human Rights- Arts 6, 10 - Stay of Proceedings- Justiciability - whether deference to religious doctrine outweighs right of access to the courts

[2003] EWHC 1960 (QB) - Queen's Bench Division

Judge Gray J

Gray v Avadis

Defamation - Libel - Absolute privilege - Qualified Privilege - Striking Out - Summary Judgment - whether publications in and to the Office of Supervision of Solicitors were covered by absolute privilege

[2003] EWHC 1830 (QB) - Queen's Bench Division

Judge Tugendhat J

Oduro v Time Life

Defamation - Libel - Meanings - Strike out application - Abuse of process

[2003] EWHC 1787 (QB) - Queen's Bench Division

Judge Tugendhat J

Greenaway and Williams v Poole

Defamation - Libel - Justification - Qualified Privilege - Malice - Elections - s.10 Defamation Act 1952 - Damages

[2003] EWHC 1735 (QB) - Queen's Bench Division

Judge Jack J

Sheikha Mouza al Misnad v Azzaman Ltd & Others

Defamation - Libel - Summary disposal - CPR Part 24 - s.8 Defamation Act 1996 - Conflict of laws - Publication in multiple foreign jurisdictions - Reynolds privilege - Standards of responsible journalism

[2003] EWHC 1783 (QB) - Queen's Bench Division

Judge Gray J

Gleaner Co v Abrahams

Defamation - Libel - Damages - Whether the award by the jury was excessive - Constitutional law - Human Rights- Freedom of expression - foreign jurisdictions - Jamaica

[2003] UKPC 55; [2004] 1 AC 628; [2003] 3 WLR 1038; [2003] EMLR 737 - Privy Council

Judge Lords Hoffmann, Hope, Hobhouse, Millett and Tipping J

Milne v Express Newspapers (No.2)

Defamation - Libel - offer of amends - rejection of offer of amends - the correct test under s4(3) Defamation Act 1996

[2003] EWHC 1843 (QB) - Queen's Bench Division

Judge Eady J

Reuben & Others v Time Inc & Another (No.2)

Defamation - Libel - Validity of service - Service out of jurisdiction - Forum conveniens - Amendment of claim form - Earlier publication - s.35(5)(a), Limitation Act 1980

[2003] EWHC 1430 (QB) - Queen's Bench Division

Judge Morland J

Keays v Guardian Newspapers Ltd & Others

Defamation - Libel - Fair comment - Inferences as to state of mind - Whether allegation of fact or comment - CPR part 24

[2003] EWHC 1565 (QB) - Queen's Bench Division

Judge Eady J

Stallwood & Stallwood v Smith

Defamation- Libel - Qualified Privilege- Summary Judgment-Part 24- Whether pre-action correspondence between a prospective litigant and a solicitor are protected by qualified privilege

01/07/2003 - Queen's Bench Division

Judge Tugendhat J

Pedersen and Baadsgaard v Denmark

Human Rights - Defamation - Libel - Article 10 - Freedom of Expression - TV Documentary about wrongful conviction - Journalists fined for defaming senior police officer - whether interference necessary in a democratic society

19/06/2003 - European Court of Human Rights

Judge

Vassiliev v Frank Cass & Co Ltd

Defamation - Libel - Qualified privilege - Reply to attack - Friend of deceased victim - Original victim having no claim in libel - Common interest privilege - Publication in specialist journal - Publication on internet - Reynolds privilege

[2003] EWHC 1428 (QB); [2003] EMLR 761 - Queen's Bench Division

Judge Eady J

Al Rajhi Banking & Investment Corp v Wall Street Journal Europe

Defamation - Libel - amendment - justification - allegations of association with institutions or persons suspected of terrorism - whether such allegations breach established principles of law

[2003] EWHC 1358 (QB) - Queen's Bench Division

Judge Eady J

Maris & Others v Walsh

Defamation - Libel - breach of confidence - threat to publish -interim injunction.

[2003] EWHC 1417 (QB) - Queen's Bench Division

Judge Gray J

Musa King v Telegraph Group Ltd (QBD)

Defamation - libel - civil procedure - Conditional fee arrangements - Human Rights - Articles 6, 10 - justification - whether it was permissible to justify the meaning that the police suspected the claimant of involvement in terrorist offences

[2003] EWHC 1312 (QB) - Queen's Bench Division

Judge Eady J

Webster v British Gas Services Ltd

Defamation - Libel - Slander - Qualified privilege - Malice - Malicious Falsehood - Summary judgment -Part 24

[2003] EWHC 1188 (QB) - Queen's Bench Division

Judge Tugendhat J

Harrods Ltd v Dow Jones & Co Inc

Defamation - libel - jurisdiction - whether the claimant could sue the defendant in this jurisidiction

[2003] EWHC 1162 (QB) - Queen's Bench Division

Judge Eady J

Adams v Guardian Newspapers Ltd

Libel - Defamatory meaning - Parliamentary privilege - Fair comment - Veritas (justification) - Reynolds qualified privilege - whether a Reynolds qualified privilege defence is applicable in Scotland

[2003] ScotCS 131 - Court of Session

Judge Lord Reed

Sharma v Jay & Others

Defamation- Harassment- Protection from Harassment Act 1997- Malice- Slander- Application to strike out claim for harassment and plea of malice- CPR Part 3.4 and Part 24.2

15/04/2003 - Queen's Bench Division

Judge Gray J

Bennett & Another v BBC & Another

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

[2003] EWHC 553 (QB) - Queen's Bench Division

Judge Gray J

Kearns v General Council of the Bar

Defamation - Libel - Qualified privilege - Existing relationship - Summary judgment - CPR Part 24

[2003] EWCA Civ 331; [2003] 1 WLR 1357; [2003] 2 All ER 534; [2003] EMLR 565 - Court of Appeal

Judge Simon Brown Mantell & Keene LJJ

ICN Photonics Ltd v Patterson

Defamation - Libel - Rulings on Meaning - Slander of Goods - Whether defamatory imputation carried about the manufacturer - Function of Appeal Court

[2003] EWCA Civ 343 - Court of Appeal

Judge Schiemann, Rix & Keene LJJ

Rigg v Associated Newspapers Ltd

Defamation - Libel - Offer of amends - s2 Defamation Act 1996 - Disclosure - Whether journalist's notes should be disclosed

[2003] EWHC 710 (QB); [2004] EMLR 52 - Queen's Bench Division

Judge Gray J

Howlett v Holding and Holding & Barnes Plc

Defamation - Libel - Qualified privilege - Striking out - CPR 3.4(2) - Summary Judgment - CPR Part 24

[2003] EWHC 286 (QB) - Queen's Bench Division

Judge Eady J

Tanner v Filby and Howell

Defamation - Justification - Fair comment - Issue estoppel - Abuse of process - Fair Trial - Freedom of Expression - Human rights - Article 6 - Article 10 - European Convention on Human Rights

20/02/2003 - Queen's Bench Division

Judge Eady J

Cleese v Clark & Associated Newspapers Limited

Defamation- Libel - Offer of Amends Procedure- Hearing to assess compensation- Section 3(5) Defamation Act 1996 - Damages.

[2003] EWHC 137 (QB); [2004] EMLR 37 - Queen's Bench Division

Judge Eady J