Cases

Active filters: Area of work: Defamation and Malicious Falsehood [clear]
Year: 2011 [clear]

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

Dell’Olio v Associated Newspapers Ltd

Libel - ruling on meaning - whether pleaded meaning possible - approach to question whether words can bear any other defamatory meaning - relevance of Pre-Action Protocol and letter of claim - pleaded meaning impossible - C identified no other meaning of which she might complain - action dismissed

[2011] EWHC 3272 (QB) - Queen's Bench Division

Judge Tugendhat J

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

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

Terluk v Berezovsky (No.2)

Defamation -appeal- damages- meaning- liability for republication- privilege- justification – fresh evidence - jury trial

[2011] EWCA Civ 1534 - Court of Appeal

Judge Chancellor of the High Court, Laws LJ and Rafferty J

Waterson v Lloyd (No 2)

Amendment - part 24 - summary judgment - delay - justification

[2011] EWHC 3292 (QB) - QBD

Judge Tugendhat J

Cooper v Turrell

Libel - breach of confidence - misuse of private information - assessment of damages - injunctions

[2011] EWHC 3269 (QB) - High Court, QBD

Judge Tugendhat J

Waterson v Lloyd

summary judgment - part 24 - defamation - comment or fact - meaning - innuendo meaning - honest comment - newspapers - elections

[2011] EWHC 3197 (QB) - QBD

Judge Tugendhat J

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

Davison v Habeeb & Ors

Defamation – Service out of jurisdiction - Internet blogs – Liability of blog hosting provider for publication at common law – Immunity under Reg. 19 Electronic Commerce (EC Directive) Regulations 2002

[2011] EWHC 3031 (QB) - QBD

Judge HHJ Richard Parkes QC

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

Tesla Motors Ltd v BBC

Malicious Falsehood - Particulars of Claim - Particulars of Damage - Defamation Act 1952 s. 3

[2011] EWHC 2760 (QB) - High Court QBD

Judge Tugendhat J

Crookes v Newton

Defamation - Publication - Liability for Hyperlinks - Internet - Supreme Court of Canada

2011 SCC 47 - Supreme Court Canada

Judge McLachlin C.J. and Binnie, LeBel, Deschamps, Fish, Abella, Charron, Rothstein and Cromwell JJ

Sleeman v Panchaud

Defamation -- Injunctions - Without Notice Injunctions - Bonnard v Perryman - Practice & Procedure - s.110 Patents Act 1997 - Unauthorised Claim of Patent Rights

- Queen's Bench Division

Judge Mr Justice Tugendhat

Al-Amoudi v Kifle

Libel - assessment of damages

[2011] EWHC 2037 (QB) - QBD

Judge HHJ Richard Parkes QC

Farid El Diwany v Ministry of Justice

immunity of states - defamation - Lugano convention 2007 - strike out - abuse of process - internet publication

[2011] EWHC 2077 (QB) - QBD

Judge Sharp 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

Lait v Evening Standard Ltd (CA)

Libel - MPs' expenses - Honest comment - Summary judgment - Justification - Jameel abuse - Summary judgment for D on honest comment - Residual claims dismissed as an abuse - Appeal - Single meaning rule - Alleged breach of rule by Judge - Single meaning rule applies to comment - Judge did not err - Jameel jurisdiction part of law's balancing of rights

[2011] EWCA Civ 859; [2011] 1 WLR 2973; [2012] EMLR 4 - Court of Appeal

Judge Lord Neuberger MR, Laws & Longmore LJJ

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

Thornton v Telegraph Group (No. 4)

Defamation - Malicious Falsehood - offer of amends - malice - knowledge - Defamation Act 1996

[2011] EWHC 1884 (QB) - High Court, Queen's Bench Division

Judge Tugendhat J

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

Caplin v Associated Newspapers Ltd

Defamation - Meaning - Capability - Bane and antidote - CPR PD 53 4.1

[2011] EWHC 1567 (QB) - High Court Queen's Bench Division

Judge Sharp 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

Bacon v Automattic Inc

Libel - Disclosure - Norwich Pharmacal - Foreign Websites - Respondents outside jurisdiction - Permission to serve application outside jurisdiction - alternative service of Claim Form by e-mail - Jurisdiction to order

[2011] EWHC 1072 (QB) - Queen's Bench Division

Judge Tugendhat J

White v Southampton University Hospitals NHS Trust

Libel - strike out - summary judgment - absolute privilege - qualified privilege - communications to professional bodies - General Medicial Council - use of material disclosed in the course of proceedings

[2011] EWHC 825 (QB) - Queen's Bench Division

Judge Eady J

Awdry Bailey and Douglas v Kordowski

Libel - strike out - summary judgment - publisher  -  section 1 Defamation Act 1996 - qualified privilege - abuse of process - amendments - online publication

[2011] EWHC 785 (QB) - High Court, QBD

Judge Tugendhat J

Lewis v Commissioner of Police for the Metropolis

Defamation - Libel - Mode of trial - Senior Courts Act s.69 - Meaning - Amendment - Qualified privilege - Malice - Abuse

[2011] EWHC 781 (QB) - Queen's Bench Division

Judge Tugendhat J

Cook v Telegraph Media Group Ltd

Defamation - Part 24 - Justification - Honest comment - Reynolds privilege - Mode of trial

[2011] EWHC 763 (QB - Queen's Bench Division

Judge Tugendhat J

Bowker v RSPB

Defamation – Libel - Defamatory meaning - Mode of trial – Summary judgment - Qualified privilege – Malice – Scientific issues

[2011] EWHC 737 (QB) - Queen's Bench Division

Judge Sharp J

Baturina v Times Newspapers Ltd (CA)

Defamation – Innuendo meanings – Strict liability – Requirement to plead publishees with knowledge of relevant facts – Liability for third party re-publications - Foreseeability of damage – Jameel abuse of process

[2011] EWCA Civ 308 - Court of Appeal (Civil Division)

Judge Lord Neuberger of Abbotsbury MR, Sedley and Hooper LJJ

Henry v News Group Newspapers Ltd (No 2)

Libel – Non-party disclosure – CPR 31.17 - Public interest as a ground for resisting disclosure

[2011] EWHC 296 (QB) - Queen's Bench Division

Judge Tugendhat J

Hunt v Evening Standard Ltd

Libel - Strike out - Justification - Relevance of particulars of justification - Evidence of general bad character - Admissibility - CPR r.3.4(2)

[2011] EWHC 272 (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

Brady v Norman (No 2) (CA)

Defamation - limitation - section 32A of the Limitation Act 1980 - s.33 Limitation Act 1980

[2011] EWCA Civ 107 - Court of Appeal (Civil Division)

Judge Sir Anthony May P, Smith LJ and Aikens LJ

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

Thornton v Telegraph Media Group Ltd (No 3)

Defamation – Malicious falsehood – Amendment – Application to amend defence to malicious falsehood claim to plead honest comment – Whether amendment should be permitted

[2011] EWHC 159 - Queen's Bench Division

Judge Tugendhat J

Wallis v Meredith

Libel - Abuse of process - Jameel - Publication only to Claimant's solicitor - Reliance on Defendant's refusal to specify further publishees as evidence of further publications

[2011] EWHC 75 (QB) - Queen's Bench Division

Judge Christopher Clarke J

Woodbridge v Stapleton

Libel - Qualified privilege - Malice - Summary judgment - Strike out - Jameel v Dow Jones - Abuse of process - Proportionality

Unreported, 20 January 2011 - Queen's Bench Division

Judge Mackay J

Henry v News Group Newspapers Ltd

Libel – Non-party disclosure – CPR 31.17

Unreported, 13 January 2011 - Queen's Bench Division

Judge Tugendhat J

Jan Cambridge v Guillermo Makin

Libel - trial - judge alone - justification - qualified privilege - malice - joint tortfeasors - damages

[2011] EWHC 12(QB) - QBD

Judge Mr Justice Tugendhat