Cases

Active filters: Barrister: Adam Speker QC [clear]
Area of work: Defamation and Malicious Falsehood [clear]

Simon v Lyder

Defamation - Libel - Appeal from Court of Appeal of the Republic of Trinidad and Tobago - Reliance upon subsequent facts - The extent which, if at all, two or more different statements made upon different occasions by the same defendant may be aggregated for the purpose of giving rise to a cause of action in defamation

[2019] UKPC 38 - Judicial Committee of the Privy Council

Judge Lord Wilson, Lord Carnwath, Lady Black, Lord Briggs, Lady Arden

Greenstein v Campaign against Antisemitism

Defamation - Meaning - Expressions of Opinion or Statements of Fact - Preliminary Issue Trial - Antisemitism allegations

[2019] EWHC 281 (QB) - Queen's Bench Division, Media and Communications List

Judge Nicklin J

Poulter v Times Newspapers Limited

Defamation - Libel - Meaning - Trial of Preliminary Issue on meaning

[2018] EWHC 3900 (QB) - Queen's Bench Division, Media and Communications List

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

Abdel-Bari v Nottingham University NHS Trust

Defamation - Libel - Malicious Falsehood - Data Protection Act 1998 - whether to disapply limitation period for claims in libel and malicious falsehood - whether to allow permission to amend to include claim under Data Protection Act 1998

[2016] EWHC 154 (QB) - Queen's Bench Division

Judge Master McCloud

Pinard-Byrne v Linton

Privy Council Appeal from Court of Appeal of the Eastern Caribbean Supreme Court (Commonwealth of Dominica) - Defamation - Libel - Reynolds qualified privilege/ public interest defence - Whether the Court of Appeal was wrong to have overturned the first instance judge's rejection of the defence

[2015] UKPC 41 - Privy Council

Judge Lords Clarke, Wilson, Sumption, Carnwath, Toulson

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

Crawford v Jenkins

Witness Immunity Rule; Harassment; Protection from Harassment Act 1997; Malicious Procurement of Arrest; Complaint to the Police; Whether complaint is immune from suit; Whether the immunity that covers defamation also covers torts of false imprisonment, malicious procurement of arrest and harassment.

[2014] EWCA Civ 1035 - Court of Appeal (Civil Division)

Judge Beatson LJ, Sharp LJ, Sir Timothy LLoyd

Thompson v James

Defamation - Libel- Appeal - Meaning - Whether Blog post bore meaning found by Judge - Whether Rules on Meaning needed to be amended for political speech- Article 10

[2014] EWCA Civ 600 - Court of Appeal

Judge Longmore, Black, Underhill LLJ

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

Thompson v James and Carmarthenshire County Council

Libel – justification – honest comment – qualified privilege – malice - public authorities – Article 8 HRA – Derbyshire v Times Newspapers – Part 20 claim - damages

[2013] EWHC 515 (QB) - Queen's Bench Division

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

Qadir v Associated Newspapers Ltd

Defamation - qualified privilege - s 15 Defamation Act 1996 - Schedule to 1996 Act - document on public register - Particulars of Claim - extract - fair and accurate - of public concern - publication for public benefit - malice - recklessness - indifference -  common law qualified privilege - court reporting - contemporaneous - s14 Defamation Act 1996 - absolute privilege

[2012] EWHC 2606 (QB); [2013] EMLR 15 - Queen's Bench Division

Judge Tugendhat J

Foley & Others v Lord Ashcroft

Defamation - libel - The Independent - allegations of involvement in corruption - pleading - justification - honest comment - defences struck out - application for permission to amend by adding back both defences - application dismissed - appeals - threshold requirements for pleading - clarity - precision of indictment - pleading fraud - appeals dismissed

[2012] EWCA Civ 423; [2012] EMLR 25 - Court of Appeal

Judge Pill LJ, Elias LJ, Sharp J

Dominic Raab MP v Associated Newspapers Ltd

Libel - application for stay  - strike out - abuse of process - overriding objective - Art 10 ECHR - ability to defend a claim - Dominic Raab MP - Associated Newspapers Ltd - employment dispute - settlement agreement - confidentiality clause

[2011] EWHC 3375 (QB) - QBD

Judge Tugendhat 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

Wright v Caan

Defamation - Libel - Meaning - Natural and ordinary meaning - Innuendo meaning - Whether words complained of capable of bearing meanings pleaded - Whether innuendo properly pleaded - Malicious falsehood - Whether words complained of capable of being likely to cause pecuniary damage - Whether claims in malicious falsehood properly pleaded - Application to amend particulars of claim

[2011] EWHC 1978 (QB) - Queen's Bench Division

Judge HHJ Parkes QC

Ashcroft v Foley (No 2)

Libel - pleading - justification - honest comment - application for permission to amend - serious allegations - clarity - particularity - relevance - evidential sufficiency - test for pleading justification of serious allegations

[2011] EWHC 1710 (QB); [2011] EMLR 30 - Queen's Bench Division

Judge Eady J

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

Ashcroft v Foley

Defamation - Libel - Justification - Fair comment - Honest comment - Reynolds Privilege - Strike out Defamation - Libel - Further information - Whether corporate defendant could be ordered to provide information about its means and ability to pay a costs order

[2011] EWHC 292 (QB) - Queen's Bench Division

Judge Eady J

Ronaldo v Telegraph Media Limited

Defamation - Libel - Abuse of process - Whether action should be struck out in accordance with Jameel v Dow Jones - Section 12 Defamation Act 1952 - Actions against different publishers - Whether settlement with one makes it an abuse to continue against the other

[2010] EWHC 2719 (QB) - Queen's Bench Division

Judge Sharp J

Peacock v MGN Ltd (Costs)

Defamation - Libel -  Costs - Conditional fee agreement - Staged success fee - Whether amount of success fee sought reasonable - Proportionality - Whether overall fees claimed reasonable

[2010] EWHC 90174 (Costs) - Senior Courts Costs Office

Judge Master Campbell, Costs Judge

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

Bloom v Robinson-Millar

Defamation - Libel - Harassment - Trial of action - Neighbour dispute - Publication of letters over a long period - Whether course of conduct was harassment of claimant - Damages

07/10/2009 - 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

Peacock v MGN Ltd

Defamation – Libel – Costs capping order – Conditional fee agreement – After the event insurance – New costs capping rules - Whether a costs cap should be ordered

[2009] EWHC 769 (QB) - Queen's Bench Division

Judge Eady J

Wakefield v Ford & Anor

Defamation - Libel - Contract - Malice - Costs - Discontinuance by Claimant - Whether Claimant could accept an 'offer' made by Defendant in without prejudice save as to costs correspondence - Indemnity costs - Payment on account of costs

[2009] EWHC 122 (QB) - Queen's Bench Division

Judge Eady J

Tycon Energy Corp v The Motley Fool Limited

Defamation - Libel - Internet postings - Norwich Pharmacal order - Anonymous representations by posters - Costs

Unreported, 9 December 2008 - Queen's Bench Division

Judge Eady 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

Apsion v The Bar Standards Board

Appeal from the Disciplinary Tribunal of the Council of the Inns of Court - Whether Tribunal had been correct to conclude that the appellant did not have sufficient competence or expertise to advise in a defamation claim - Whether the charges infringed the Appellant's Art 10 rights

D2006/098&099 - Visitors to Lincoln's Inn

Judge King J, Ms Marion Smith, Mr David Hall

Charman v Orion Publishing Group & others (No.3) (CA)

Defamation - Libel - Qualified Privilege - Responsible journalism and authorship- Fair and accurate court reports - Reportage- Whether book protected by qualified privilege at common law

[2007] EWCA Civ 972; [2008] 1 AllER 750 - Court of Appeal

Judge Ward, Sedley, and Hooper LLJ

Sunderland Housing Company & another v Baines & others

Defamation- Libel - Harassment - Data protection - Injunctive relief - Responsibility for website - Whether injunctive relief should be granted - John Doe order

[2006] EWHC 2359 (QB) - Queen's Bench Division

Judge Eady J

Charman v Orion Publishing Group & others (No.3)

Defamation - Libel - Reynolds privilege - Responsible journalism - Fair and accurate reports - Reportage - Whether book protected by qualified privilege

[2006] EWHC 1756 (QB); [2007] 1 All ER 622 - Queen's Bench Division

Judge Gray J

Tufano v Vincenti

Defamation - Libel - Absolute Privilege- Immunity from Suit- Expert Report prepared for Court proceedings - Abuse of Process - Whether the hearing should take place in private- Whether an Order should be made to restrict the use of disclosed documents

[2006] EWHC 1496 (QB) - Queen's Bench Division

Judge Eady J

Loughton Contracts Plc v Dun & Bradstreet Ltd

Defamation - Libel - Offer of amends - Summary judgment - Further information - Whether Claimant had accepted offer of amends - Whether Claimant entitled to further information as to the identity of publishees

[2006] EWHC 1224 (QB) - Queen's Bench Division

Judge Gray 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

Al Amoudi v Brisard & Another

Defamation - Libel - Publication on the Internet - Whether Claimant is entitled to presumption of law that substantial publication has taken place

[2006] EWHC 1062 (QB); [2007] 1 WLR 113; [2006] 3 All ER 294 - Queen's Bench Division

Judge Gray J

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

Georgallides v Etzin

Harassment - Protection from Harassment Act 1997 - interim injunction - whether application for injunction for harassment was an attempt to circumvent rule in Bonnard v Perryman - s.12 Human Rights Act 1998- articles 8 and 10 - width of injunction

12/07/2005 - Queen's Bench Division

Judge Gray J

Charman v Orion Publishing Group & others

Defamation - Libel - Case Management Conference - Mode of Trial - Application for trial by Judge alone - s.69 Supreme Court Act 1981 - Application for meaning to be tried as a preliminary issue.

17/06/2005 - Queen's Bench Division

Judge Gray 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

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

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

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

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

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

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