Cases

Active filters: Area of work: Defamation and Malicious Falsehood [clear]
Starting with: M [clear]

Morgan v Associated Newspapers Ltd

Defamation – strike out – amendment – summary judgment – pleading – honest opinion – section 3 Defamation Act 2013

[2018] EWHC 3960(QB) - High Court, Queen's Bench Division

Judge Nicklin J

Mionis v Democratic Press SA and others

Appeal - Defamation - Article 10 of the European Convention - Section 12, Human Rights Act 1998 - Settlement - Whether Judge below was correct to have refused application to lift a stay in the proceedings imposed by a Tomlin Order

[2017] EWCA Civ 1194 - Court of Appeal

Judge Gloster, Sharp and Lindblom LLJ

Mir Shakil-Ur-Rahman v ARY Network Limited & Fayaz Ghafoor

Defamation – Trial of preliminary issues – Meaning – Fact or opinion - Chase levels - TV broadcasts – Foreign language (Urdu)

[2015] EWHC 2917 (QB) - High Court, Queen’s Bench Division

Judge Haddon-Cave J

Mionis v Democratic Press SA

Defamation - Libel - Foreign Parties - Settlement of Action by way of Tomlin Order - Whether contractual undertakings restricting freedom of expression had been breached - Whether contractual undertakings restricting freedom of expression should be coverted into an injunction - Whether an inquiry as to damages should be ordered - Applications for Derogations from Open Justice - Hearing in Private- Restrictions on Access to Papers

[2014] EWHC 4104 (QB) - Queen's Bench Division

Judge Sir David Eady

Meadows Care v Lambert

Defamation - Slander -Meaning - Comment - Permission to re-amend

[2014] EWHC 1226 (Admin) - High Court (QBD)

Judge Bean J

Murray v Associated Newspapers Ltd

Libel - Statement in open court - Unilateral statement - CPR PD 53 para 6.1

[2014] EWHC 1170 (QB) - Queen's Bench Division

Judge Tugendhat J

McEvoy v Michael

Defamation- preliminary ruling- meaning- comment- publisher- political criticism- picture

[2014] EWHC 701 (QB) - High Court (QBD)

Judge His Honour Judge Keyser QC

Makudi v Baron Triesman of Tottenham

defamation - parliamentary privilege - absolute privilege - Article 9 Bill of Rights 1689 - FA

[2014] EWCA Civ 179 - Court of Appeal (Civil Division)

Judge Laws, Tomlinson & Rafferty LJJ

Miller v Associated Newspapers Ltd (CA)

Defamation - Justification - Chase Level 2 - Conduct Rule

[2014] EWCA Civ 39 - Court of Appeal

Judge Maurice Kay, Moore-Bick and Lloyd Jones LJJ

McCann v Bennett

Contempt - committal - undertakings - penalty

[2013] EWHC 283 (QB); [2013] EWHC 332 (QB) - High Court (QBD)

Judge Tugendhat J

Miller v Associated Newspapers Ltd

Defamation - libel - justification - cronyism - willing beneficiary - Chase level 2 meaning - reasonable grounds to suspect  - what has to be proved - whether proof made out - abuse of process - disproportionate cost - damages

[2012] EWHC 3721 (QB) - Queen's Bench Division

Judge Sharp J

Mengi v Hermitage (No 2)

Libel - internet blog - justification - reply to attack qualified privilege

[2012] EWHC 3445 (QB) - High Court, Queen's Bench Division

Judge The Honourable Mr Justice Bean

Mengi v Hermitage (security for costs appeal)

Defamation - Libel - Security for costs - Costs Budgeting – Conditional Fee Agreement

[2012] EWHC 2045 (QB); [2012] 5 Costs LO 641 - Queen's Bench Division

Judge Mr Justice Tugendhat

Morrison v Buckinghamshire County Council

Libel – public authority defendant – qualified privilege for public authority – amendment – malice – summary judgment

[2011] EWHC 3444 (QB) - Queens Bench Division

Judge HH Judge Richard Parkes QC sitting as a Judge of the High Court

McKeown v Attheraces Ltd (No 2)

Libel - jockey - broadcast interview - allegations of deliberate non-trying - permission to amend defence - adding Reynolds defence - other defences - reporting privilege - comment - justification - mode of trial - preliminary issue - C was a senior jockey who sued D for libel over a broadcast interview which he argued meant that he was a corrut jockey who had repeatedly, for corrupt reasons, stopped horses from winning. The defences were privilege, honest comment and justificaiton. The court held that the trial of the issues raised should be by Judge alone, but that all the issues should be tried together.

[2011] EWHC 3232 (QB) - Queen's Bench Division

Judge Eady J

Miller v Associated Newspapers Limited (No 2)

Defamation - Libel - Trial of Preliminary Issue on Meaning - Whether words complained of are defamatory - The actual meaning of the words complained of

[2011] EWHC 2677 (QB) - Queen's Bench Division

Judge Tugendhat J

Modi & IMG v Clarke

Appeal - Permission to Appeal - Defamation - Libel - Meaning - Whether the Judge was correct to rule that the words complained of were incapable of bearing any meaning defamatory of either Claimant

[2011] EWCA Civ 937 - Court of Appeal

Judge Master of the Rolls, Thomas and Moses LLJ

Modi v Clarke; IMG v Clarke

Defamation - Libel - Costs - Defamation Proceedings Costs Management Scheme - Practice Direction 51D - Whether it is necessary or appropriate under the Scheme to refer a Master or Judge to settlement offers

[2011] EWHC 1324 (QB) - Queen's Bench Division

Judge Tugendhat J

McKeown v Attheraces Ltd

Libel - jockey - disciplinary proceedings - findings of non-trying - appeal - unsuccessful judicial review - broadcast interview with jockey - defence of qualified privilege - defence of honest comment - applications by defendant - summary judgment - striking out - abuse of process - no real and substantial tort - re-litigation abuse - application dismissed

[2011] EWHC 179 (QB); [2011] ISLR, SLR-163 - Queen's Bench Division

Judge Tugendhat J

McLaughlin v London Borough of Lambeth

Defamation – Human Rights Act 1998 – Arts 8 and 10 ECHR - Striking out – Rule in Derbyshire v Times Newspapers – collateral purpose – Jameel abuse of process

[2010] EWHC 2726 (QB) - Queen's Bench Division

Judge Tugendhat J

Mariapori v Finland

Defamation - Freedom of expression - Article 10, ECHR

Application no. 37751/07 - European Court of Human Rights

Judge Bratza, Garlicki, Mijovi, Bjrgvinsson, ikuta, Poalelungi, Niemi, Early

Miller v Associated Newspapers Limited

Defamation - Libel - Defamatory meaning - CPR 53 PD 4.1 - Whether words complained of are capable of bearing the meanings pleaded in the Particulars of Claim - Whether words complained of are capable of bearing any meaning defamatory of the Claimant

[2010] EWHC 700 - Queen's Bench Division

Judge Eady J

Mireskandari v Associated Newspapers Ltd (No 2)

Media Law - Defamation - Libel - Disclosure - CPR 31.22 - Corrective witness statement to explain change of stance - CPR 18 - Appeal from decision of Master whether to Order the Claimant to produce the original of his United States Security Card

[2010] EWHC 527 (QB) - Queen's Bench Division

Judge Sharp J

Marathon Mutual Ltd & Anor v Waters & Anor

Defamation - Libel - Slander - Malicious falsehood - Whether the tort of malicious falsehood requires reference to the claimant in the words complained of - Whether pleadings needed to be amended

[2009] EWHC 1931 (QB), [2009] All ER (D) 06 (Aug) - Queen's Bench Division

Judge HHJ Moloney QC

McLaughlin & Ors v Newall

Defamation – Striking out - Defence of compromise

[2009] EWHC 1925 (QB) - Queen's Bench Division

Judge HHJ Moloney QC sitting as a Judge of the High Court

Monks v Warwick District Council

Defamation – Libel – Strike out - Meaning - Malice – Damages claim – General loss of custom and business – Amendments – Special damages - Exemplary damages - CPR r.3.1 – Summary judgment – Whether real prospect of success – CPR Part 24.2

[2009] EWHC 959 (QB) - Queens Bench Division

Judge Sharp J

Mireskandari v Associated Newspapers Ltd

Defamation - Extension of Time for Service of a Defence - Solicitors duty to make own investigation of facts independent of their client

19/11/2008 - Queen's Bench Division

Judge Master Fontaine

Mond & Ors v Mason & Ors

Libel - Malicious falsehood - Causing loss by unlawful means - Freezing order - Good arguable case - Real risk of removal or disposal of assets - Injunction restraining publication

[2008] EWHC 1649 (QB) - Queen's Bench Division

Judge Gray J

Malik v Newspost Ltd & Ors

Defamation - Libel - Defences - Reynolds privilege- Public interest - Responsible journalism - Letter to editor - Whether letter writer could rely on Reynolds privilege

[2007] EWHC 3063 (QB) - Queen's Bench Division

Judge Eady J

McBride v Body Shop International plc

Libel - Summary judgment - Abuse of process - Use of documents obtained in the course of disclosure

[2007] EWHC 1658 (QB) - Queen's Bench Division

Judge Eady J

Moore v Scottish Daily Record

Scotland - Defamation - Offer of amends - rejection - late acceptance - statutory construction - costs

[2007] CSOH 24 - Outer House, Court of Session

Judge Lady Paton

McKenna v MGN Ltd

Libel - Meaning - Justification - Substantial truth - Allegation of fraudulently boasting of bogus PhD obtained merely for money - Damages - Assessment of damages

[2006] EWHC 1996 (QB) - Queen's Bench Division

Judge Eady J

Mahfouz and another v Brisard & another

Defamation - Libel - ss8-10 Defamation Act 1996 - Whether Claimants entitled to summary disposal - Whether Claimants entitled to all remedies sought under summary disposal procedure - Declaration of falsity rejected

[2006] EWHC 1191 (QB) - Queen's Bench Division

Judge Gray J

Musa King v Telegraph Group Ltd (Costs)

Costs - Detailed assessment - Defamation - Proportionality - Conditional Fee Agreements - Success fees

02/12/2005 - Supreme Court Costs Office

Judge Senior Costs Judge Hurst

Mahfouz and another v Brisard and another

Defamation - Libel - Publication - Preliminary Issue - Whether the First Defendant was responsible in law for the publication of a translation of a Book written by him for sale in the United States

[2005] All ER (D) 174 (Sep) - Queen's Bench Division

Judge Tugendhat J

McKeith v News Group Newspapers Ltd

Defamation - Libel - Meaning - Common sting - Justification - Reynolds privilege - Meaning - Justification - Striking out - Case management

[2005] EWHC 1162 (QB); [2005] EMLR 780 - Queen's Bench Division

Judge Eady J

Mahfouz & Ors v Ehrenfeld & Anor

Defamation - Libel - Judgment in default - Summary disposal - ss.8-10 Defamation Act 1996 - Remedies - Damages - Injunction - Declaration of falsity

[2005] EWHC 1156 (QB) - Queen's Bench Division

Judge Eady J

Miller v Associated Newspapers Ltd (No.4)

Defamation - Libel - Claim dismissed following trial of the action - Defence of justification upheld - Whether costs should follow the event - Whether costs should be assessed on standard or indemnity basis - Whether interest should be awarded - Whether Claimant should have permission to appeal

[2005] EWHC 773 (QB) - Queen's Bench Division

Judge Eady J

Miller v Associated Newspapers Ltd (No.3)

Defamation - libel - justification – trial of the action - meaning- whether the plea of justification succeeded

[2005] EWHC 557 (QB) - Queen's Bench Division

Judge Eady J

Milne v David Price Solicitors & Advocates

Costs - Defamation - Conditional Fee Agreements - Settlement on terms not amounting to 'win' - Termination - Entitlement of solicitor to basic charges

07/03/2005 - Supreme Court Costs Office

Judge Master Seager Berry

Miller v Associated Newspapers Ltd (No.2)

Defamation - libel - justification - permission to amend - whether words complained of were capable of Chase level 3 meaning - whether Defendant can rely on Claimant's non-disclosure of relevant documents and/or misrepresentation of their content - lies probative of guilt - admission by conduct

[2005] EWHC 21 (QB) - Queen's Bench Division

Judge Eady J

Merelie v Newcastle Primary Health Care Trust & Others

Defamation - Summary Judgment - Strike Out - Pleading Requirements in Slander cases - Republication - Protection from Harassment Act 1997 - Malicious Falsehood - Human Rights Act 1998 - CPR Part 24 - CPR Part 3.4(2)

[2004] EWHC 2554 (QB); The Times, 1 December 2004 - Queen's Bench Division

Judge Eady J

Mahfouz v Brisard & Others

Defamation - Libel - Judgment in default - Remedies - Summary disposal - ss. 8-10 Defamation Act 1996

[2004] EWHC 1735 (QB) - Queen's Bench Division

Judge Eady J

Milne v Express Newspapers (CA)

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

[2004] EWCA Civ 664; [2005] 1 WLR 772; [2005] 1 All ER 1021; [2004] EMLR 461 - Court of Appeal

Judge May, Tuckey & Laws LJJ

Musa King v Telegraph Group Ltd (CA)

Defamation- Libel - Justification - Conditional fee agreements - Proportionality - Costs capping

[2004] EWCA Civ 613; [2005] 1 WLR 2282; [2004] EMLR 429 - Court of Appeal

Judge Brooke, Jonathan Parker and Maurice Kay LJJ

Meade v Pugh & Another

Defamation – Libel – Qualified Privilege – Malice – CPR Part 3.4(2) – Strike out – Summary judgment – CPR Part 24

[2004] EWHC 408 (QB) - Queen's Bench Division

Judge Tugendhat J

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

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

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

Milne v Express Newspapers (QBD)

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

MacIntyre v Phillips

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

Mawdsley v Guardian Newspapers Ltd

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

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

Judge Morland J

Mills v MGN Ltd

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

McManus v Beckham

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

Mark v Associated Newspapers Limited

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

McVicar v United Kingdom

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)

McPhilemy v Times Newspapers Ltd (No.4)

Defamation - Libel - Costs - Claimant's Offer to Settle - CPR Part 36.21 - Consequences of Claimant doing better than offer made - Indemnity Costs

[2001] EWCA Civ 933; [2002] 1 WLR 934; [2001] 4 All ER 861; [2001] EMLR 858 - Court of Appeal

Judge Simon-Brown, Chadwick & Longmore LJJ

McPhilemy v Times Newspapers Ltd (No.3)

Defamation - Libel - Jury Trial - Appeal against alleged perversity in jury verdict - Question left to the jury specifically on Appellants' insistence - Abuse of Process

[2001] EWCA Civ 871; [2001] EMLR 832 - Court of Appeal

Judge Simon-Brown, Chadwick & Longmore LJJ

Milne v Telegraph Group Ltd

Defamation - libel - summary disposal - s.8 Defamation Act 1996

[2001] EMLR 760 - Queen's Bench Division

Judge Sir Oliver Popplewell

McPhilemy v Times Newspapers Ltd (No.2)

Defamation - Libel - Civil Evidence - Use of witness statements at trial - CPR Part 32.5

[2000] 1 WLR 1732 - Court of Appeal

Judge Thorpe & Brooke LJJ

McPhilemy v Times Newspapers Ltd

Defamation - Libel - Amendment - Justification - Lucas Box Meanings - Proportionality - proper role of pleadings

[1999] EWCA Civ 1464; [1999] 3 All ER 775; [1999] EMLR 751 - Court of Appeal

Judge Lord Woolf MR & May and Judge LJJ

Marks & Spencer plc v Granada Television Ltd

Defamation - Libel - Evidence - Hearsay - Civil Evidence Act 1968

[1998] EWCA Civ 207 - Court of Appeal

Judge Lord Bingham CJ, Swinton-Thomas & Mummery LJJ

McDonalds Corp v Steel and Morris

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

[1995] 3 All ER 615 - Court of Appeal

Judge Neill, Steyn & Peter Gibson LJJ