Cases

Active filters: Barrister: David Sherborne [clear]
Area of work: Defamation and Malicious Falsehood [clear]

Weller v Associated Newspapers Limited

Misuse of private information- Data protection- Human rights- Photographs- Reasonable expectation of privacy- Children- Freedom of expression

[2014] EWHC 1163 (QB) - High Court (QBD)

Judge Dingemans J

Church v MGN Limited

Defamation - libel - ruling on meaning - procedure - application for ruling without a hearing - direction for hearing - open justice - costs

[2012] EWHC 693 (QB); [2012] EMLR 28 - 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

Fiddes v Channel Four Television Corporation & Ors (No 2) (CA)

Libel - Mode of trial - Jury or judge alone - Prolonged examination of documents - Convenience of trial with jury - Discretion - s.69 Senior Courts Act 1981

[2010] EWCA Civ 730 - Court of Appeal (Civil Division)

Judge Neuberger MR, Maurice Kay VP and Sedley LJJ

Hays Plc v Hartley

Defamation - Abuse of process - No real or substantial tort - Collateral purpose - Qualified privilege - Reynolds privilege

[2010] EWHC 1068 (QB) - Queen's Bench Division

Judge Tugendhat J

Dee v Telegraph Media Group Ltd (No 2)

Libel - Summary judgment - Defamatory meaning - Whether articles in newspaper to be read together - Justification - Fair comment - Whether real prospect of rebutting defences

[2010] EWHC 924 (QB); [2010] EMLR 20 - Queen's Bench Division

Judge Sharp J

Bowman v MGN Ltd

Libel - Offer to make amends - Defamation Act 1996, ss.2 - 4 - Compensation - Costs - Rejection of settlement offers

[2010] EWHC 895 (QB) - Queen's Bench Division

Judge Eady J

Fiddes v Channel 4 Television Corporation & Ors (CA)

Defamation - Civil Evidence - Disclosure - Duty of Search - Electronic Documents - Deleted Emails - Restoration of Back up tapes - CPR Practice Direction 31

[2010] EWCA Civ 516 - Court of Appeal (Civil Division)

Judge Pill LJ, Smith LJ, Wilson LJ

Winslet v Associated Newspapers Ltd

Defamation - Libel - Offer of Amends - ss.2-4 Defamation Act 1996- Statement in open court - Unilateral statement in open court after offer of amends - CPR 53PD para 6.1

[2009] EWHC 2735 (QB); [2010] EMLR 11 - Queen's Bench Division

Judge Eady J

Desmond v Bower (CA)

Defamation - Libel -Justification - Similar fact evidence - Admissibility to prove specific charge

[2009] EWCA Civ 667 - Court of Appeal (Civil Division)

Judge Rix and Wilson LJJ

Johnson v MGN Ltd

Libel - Meaning - Innuendo - CPR 53, PD 4.1 - Whether words capable of bearing pleaded defamatory meanings

[2009] EWHC 1481 (QB) - Queen's Bench Division

Judge Eady J

Angel v Stainton & Another

Defamation - Libel - Offer of Amends - Compensation

[2006] EWHC 637 (QB) - Queen's Bench Division

Judge Eady J

Lowe v Associated Newspapers Ltd

Defamation - Libel - Fair Comment - Meaning - Requirements as to facts relied upon as supporting comment - Knowledge of relevant facts at the time of publication

[2006] EWHC 320 (QB); [2007] 2 WLR 595; [2006] 3 All ER 357; [2006] EMLR 476; The Times, 29 March 2006 - Queen's Bench Division

Judge Eady 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

Richardson v Schwarzenegger & Others

Libel - Service out - CPR 6.20 - liability for republication - qualified privilege - reply to attack - agent and principal

[2004] EWHC 2422 (QB) - Queen's Bench Division

Judge Eady J

Collins Stewart Ltd & Another v The Financial Times Ltd

Libel - Damages - Special damages - Strike out - Company - Measure of damages by reference to share price - Mode of trial - General damages

[2004] EWHC 2337 (QB); [2005] EMLR 64 - Queen's Bench Division

Judge Tugendhat J

Phillipps v Associated Newspapers Ltd & Another

Defamation - Acceptance of Defendants' Part 36 Offer to Settle - Entitlement to Unilateral Statement in Open Court - Part 53 PD 6.1 - Costs

[2004] EWHC 190 (QB); [2004] 1 WLR 2106; [2004] 2 All ER 455; [2004] EMLR 218 - Queen's Bench Division

Judge Eady J

King v Lewis

Defamation - Libel - Civil procedure - Service out of the jurisdiction - Appropriate forum

[2004] EWHC 168 (QB) - Queen's Bench Division

Judge Eady 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

Abu v MGN Ltd

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

Elite Model Agency v BBC

Defamation - libel - reference - defamation of a company - whether correct claimant had sued - whether individuals should have sued

24/05/2001 - Queen's Bench Division

Judge Eady J

Basham v Gregory (No.2)

Defamation - Libel - Meaning - Justification - Defamation Act 1952, s.5 - Summing up - Misdirection - Criticism of counsel - Retrial

[1998] EWCA Civ 1137 - Court of Appeal

Judge Stuart-Smith & Otton LJJ & Sir Brian Neill

Basham v Gregory

Defamation - Late Amendments - Justification

21/02/1996 - Court of Appeal

Judge Lord Bingham CJ, Roch & Swinton Thomas 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