Cases

Active filters: Barrister: Godwin Busuttil [clear]
Area of work: Defamation and Malicious Falsehood [clear]

Lachaux v Independent Print Ltd

Defamation – serious harm to reputation under s.1, Defamation Act 2013 – construction – accrual of cause of action – role of meaning of words – role of inference in determination of issue of serious harm – applicability of repetition rule and rule in Dingle v Associated Newspapers to determination of issue of serious harm

[2019] UKSC 27 - Supreme Court

Judge Lords Kerr, Wilson, Sumption, Hodge and Briggs

Lachaux v Independent Print Ltd (Serious harm)

On appeal from the decision of Warby J [2016] QB 402; [2015] EWHC 2242 (QB): what was the proper approach to determining whether a statement satisfied the 'serious harm' test in section 1(1) of the Defamation Act 2013? Libel - Serious Harm - Rule in Dingle - Presumption of Harm - Limitation - Defamation Act 2013

[2017] EWCA Civ 1334 - Court of Appeal

Judge McFarlane, Davis, Sharp LJJ

Lachaux v Independent Print Ltd (Privilege)

On appeal from a decision of Sir Michael Tugendhat [2015] EWHC 3677 (QB): whether the judge erred in granting the Claimant an injunction in respect of material said to be both confidential and covered by Legal Professional Privilege.

[2017] EWCA Civ 1327 - Court of Appeal

Judge McFarlane, Davis, Sharp LJJ

Lachaux v AOL UK

Libel – Defamation Act 2013 – serious harm – trial of preliminary issue – meaning – evidence – costs budgeting – proportionality

[2015] EWHC 915 (QB) - High Court of Justice (Queen’s Bench Division)

Judge Nicola Davies J

Lachaux v Independent Print Ltd

Libel – Trial of a Preliminary Issue on Meaning – Repetition Rule – pleadings – meanings – truth – Lucas-Box meanings – Polly-Peck

[2015] EWHC 620 (QB) - High Court of Justice

Judge Sir David Eady (sitting as a Judge of the High Court)

Dar Al Arkan Real Estate Co v Al Refai

Defamation - Conspiracy - Joint Tortfeasorship - Summary judgment - Defamatory website - Liability for publication where defendant did not know precise words to be published

[2013] EWHC 1630 (Comm) - Commercial Court

Judge Andrew Smith J

Tamiz v Google Inc

Defamation - liability of ISPs - Publisher - Defamation Act 1996 - Google Inc

[2013] EWCA Civ 68 - Court of Appeal

Judge Master of the Rolls, Richards LJ, Sullivan LJ

Cammish v Hughes (CA)

Libel – meaning – fact or comment – honest comment and single meaning rule - Jameel abuse – costs as a condition of dismissal

[2012] EWCA Civ 1655 - Court of Appeal

Judge Arden LJ; Lloyd Jones LJ; Tugendhat J

Cammish v Hughes

Libel - meaning - strike out - Jameel - Thornton

[2012] EWHC 976 (QB) - Queen's Bench Division, High Court (Cardiff DR)

Judge HHJ Chambers QC (sitting as a Judge of the High Court)

Zinda v ARK Academies

Defamation - limitation - discretion to disappy limitation - qualified privilege - malice

[2011] EWHC 3394 (QB) - High Court (Queen's Bench Division)

Judge Eady J

Lonzim Plc & others v Sprague

Defamation - Slander - Libel - Publication - Extent of publication - Internet publication - Abuse of process - Striking out - Summary judgment - Foreign publisher - Aggravated damages - Striking out - No real damage - Vindication - Injunction - Proportionality

[2009] EWHC 2838 (QB) - Queen's Bench Division

Judge Tugendhat J

Adelson v Associated Newspapers Ltd (No 3)

Libel - Stay - Striking out - Open offer to settle - Abuse of process - Proportionality - Damages - Vindication - Statement in open court - Costs

[2008] EWHC 278 (QB); [2009] EMLR 10 - Queen's Bench Division

Judge Tugendhat J

Adelson v Associated Newspapers Ltd (No. 2)

Libel - Amendment - Adding parties - Disapplication of limitation period - Corporate libel claims - Discretion

[2007] EWHC 3028 (QB) - Queen's Bench Division

Judge Eady J

Adelson v Associated Newspapers Ltd (CA)

Defamation – Limitation – Substitution of parties – Addition of parties - Mistake - s.35 Limitation Act 1980 – CPR 17.4 and 19.5(3)

[2007] EWCA Civ 701; [2008] 1 WLR 585; [2007] 4 All ER 330; [2008] EMLR 324; The Times, 18 July 2007 - Court of Appeal

Judge Lord Phillips CJ, Jacob LJ, Moses LJ

Adelson v Associated Newspapers Ltd

Defamation – Limitation – Substitution of parties – Addition of parties - Mistake - s.35 Limitation Act 1980 – Civil Procedure Rules 1998

[2007] EWHC 997 (QB); The Times, 10 May 2007 - Queen's Bench Division

Judge Tugendhat J

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

Bataille v Newland & Ors

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

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

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

Gaddafi v Telegraph Group Ltd (No.3)

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

Branson v Bower

Defamation - libel - fair comment - defendant publishing article about claimant's motives for bidding for National Lottery franchise - whether words complained of comment or statements of fact - judge ruling that words were comment

[2001] EWCA Civ 791; [2001] EMLR 800 - Court of Appeal

Judge Latham LJ & Sir Philip Otton

Gaddafi v Telegraph Group Ltd

Defamation - libel - newspaper publication - qualified privilege - Reynolds - journalist's sources - whether non-disclosure of sources precludes reliance on privilege

[1998] EWCA Civ 1626; [2000] EMLR 431 - Court of Appeal

Judge Stuart-Smith, Hirst & Tuckey LJJ