Cases

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Chishti v Spottiswoode & Ors

July 24, 2023

Defamation – preliminary issue – single meaning –- context – hyperlink – Chase levels

[2023] EWHC 1808 (KB) - Kings Bench Division, Media & Communications List

Judge Collins Rice J

Lachaux v Independent Print Ltd

July 12, 2021

Libel - publication on matter of public interest - s.4, Defamation Act 2013 - damages

[2021] EWHC 1797 (QB) - High Court, Queen's Bench Division, Media and Communications List

Judge Nicklin J

Serafin v Malkiewicz & Others

June 3, 2020

Libel - unfair judicial treatment - order for retrial - s 4 Defamation Act 2013 - defence of publication on matter of public interest

[2020] UKSC 23 - Supreme Court

Judge Lords Reed, Wilson, Briggs, Arden & Kitchin

Lachaux v Independent Print Ltd

June 13, 2019

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

Poulter v Times Newspapers Limited

December 17, 2018

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

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

Judge Nicklin J

AXB v BXA

March 22, 2018

Harassment – Misuse of Private Information – Deceit – Anonymity – Injunction

[2018] EWHC 588 (QB) - Queen's Bench Division, Media and Communications List

Judge Sir David Eady

Lachaux v Independent Print Ltd (Serious harm)

September 12, 2017

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)

September 12, 2017

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

Sloutsker v Romanova

July 16, 2015

Defamation - Assessment of damages for publications online - whether to grant an injunction against a defendant overseas- whether to proceed in the defendant's absence- whether the court needed to rule on meaning where default judgment had been entered

[2015] EWHC 2053 (QB) - Queen's Bench Division

Judge Warby J

Rhodes (previously “MLA”) v OPO

May 20, 2015

Elements of the tort of Wilkinson v Downton - interim injunction - article 10 - freedom of expression - whether Wilkinson v Downton should operate to prohibit a writer from telling a true autobiographical account of his upbringing which risks causing psychological harm to his son

[2015] UKSC 32 - Supreme Court

Judge Lord Neuberger PSC, Lady Hale DPSC, Lord Clarke, Lord Wilson, Lord Toulson

Sloutsker v Romanova

March 5, 2015

Defamation - libel - foreign claimant - foreign defendant - service out of the jurisdiction - whether material non disclosure -  whether real and substantial tort within jurisdiction of England and Wales - whether England is the proper forum - likelihood of serious harm - service of English proceedings in Russian Federation -  whether valid service effected under Hague Convention - CPR 6.40(3)

[2015] EWHC 545 (QB) - High Court (Queen's Bench Division)

Judge Warby J

Traveller Movement v Ofcom & Channel 4

February 20, 2015

Traveller Movement – gypsies – television – Channel 4 – Ofcom – codes of practice – Judicial Review – procedural fairness

[2015] EWHC 406 (Admin) - High Court (Administrative Court)

Judge Ouseley J

Ames & anor v The Spamhaus Project Ltd & anor

January 27, 2015

Libel - serious harm - Jameel abuse - US publication - foreign claimants - real and substantial tort

[2015] EWHC 127 (QB) - High Court (Queen's Bench Division)

Judge Mr Justice Warby

McCann v Bennett

February 25, 2013

Contempt - committal - undertakings - penalty

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

Judge Tugendhat J

Ansari v Knowles

November 8, 2012

Defamation – joint tortfeasors – settlement with one joint tortfeasor – release of cause of action – satisfaction – Jameel abuse

[2012] EWHC 3137 (QB) - Queen's Bench Division

Judge Eady J

Morrison v Buckinghamshire County Council

December 20, 2011

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

Attorney-General v (1) MGN Limited (2) News Group Newspapers Ltd

July 29, 2011

NEWSPAPERS – COMMITTAL FOR CONTEMPT – STRICT LIABILITY – SECTION 2(2) CONTEMPT OF COURT ACT 1981 – SUBSTANTIAL RISK OF SERIOUS PREJUDICE OR IMPEDIMENT TO COURSE OF JUSTICE

[2011] EWHC 2074 (Admin) - Queen’s Bench Division (Admin)

Judge Lord Chief Justice, Thomas LJ, Owen J

Hutcheson v News Group Newspapers Ltd

July 19, 2011

Privacy - Injunction - Public interest -  s 12(3) Human Rights Act

[2011] EWCA Civ 808; [2012] EMLR 2; [2012] UKHRR 1329 - Court of Appeal (Civil Division)

Judge Lord Neuberger MR, Etherton & Gross LJJ

KGM v News Group Newspapers Ltd

December 1, 2010

Privacy - injunction - public interest - threat to publish

[2010] EWHC 3145 (QB) - Queen's Bench Division

Judge Eady J

Islam Expo Ltd v The Spectator (1828) Ltd & Pollard

July 30, 2010

Defamation - Libel - Reference - Context - Hyperlinks - Whether, in context, words capable of referring to claimant in pleaded defamatory meaning

[2010] EWHC 2011 (QB) - Queen's Bench Division

Judge Tugendhat J

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

June 29, 2010

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

British Chiropractic Association v Singh (CA)

April 1, 2010

Libel – Fair comment (‘honest opinion’) – Whether words fact or comment/opinion

[2010] EWCA Civ 350; [2011] EMLR 1 - Court of Appeal (Civil Division)

Judge Judge LCJ, Neuberger MR and Sedley LJ

Desmond v Bower (CA)

July 7, 2009

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

Warren v The Random House Group Ltd (Nos.1-3) (CA)

July 16, 2008

Defamation – Libel – Offer of Amends – Defamation Act 1996 – Justification – Articles 6 & 10 ECHR - Burstein particulars – Aggravated damages – Disclosure – Lucas Box meaning - Polly Peck – Severable and distinct charges

[2008] EWCA Civ 834; [2009] QB 600; [2009] EMLR 1 - Court of Appeal

Judge Sir Anthony Clarke MR, May & Wilson LJJ

Warren v The Random House Group Ltd (No.3)

December 20, 2007

Defamation - Libel - Defences - Justification - Lucas-Box meaning - Whether Lucas-Box meaning severable and distinct from meaning complained of - Whether proportionate to allow issues raised by Lucas-Box meaning to be tried

[2007] EWHC 3062 (QB) - Queen's Bench Division

Judge Eady J

Warren v The Random House Group Ltd

December 5, 2007

Defamation - Libel - Offer of amends - Justification - Amendment - Discretion - Article 6 ECHR - Article 10 ECHR

[2007] EWHC 2856 (QB); [2008] 2 WLR 1033 - Queen's Bench Division

Judge Gray J

Warren v The Random House Group Ltd (No.2)

December 5, 2007

Defamation - Libel - Burstein particulars - Amendment - Aggravated damages - Offer of amends

[2007] EWHC 2860 (QB) - Queen's Bench Division

Judge Gray J

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

October 11, 2007

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

Wakefield v Channel Four Television & Others (No.3)

December 21, 2006

Defamation - Libel - Disclosure - Inspection - Documents obtained by GMC in course of inquiry - s.35A Medical Act 1983 - Restriction on collateral use

[2006] EWHC 3289 (QB); [2007] 94 BMLR 1 - Queen's Bench Division

Judge Eady J

Tierney v News Group Newspapers Ltd (No.2) (Costs)

December 20, 2006

Defamation - Libel - Appeal - Costs capping orders - Conditional Fee Agreements - Level of costs cap - Expenditure within a costs cap - Recoverability of a QC's fees

[2006] EWHC 3275 (QB) - Queen's Bench Division

Judge Eady J with Senior Costs Judge Hurst

Al-Koronky v Time-Life Entertainment Group Ltd & Another (CA)

July 28, 2006

Libel - Security for costs - Claimants resident in the Sudan - Enforcement of costs - CPR Part 25.12 - CFAs - After the event insurance (ATE) - Discretion - Appeals - Stifling - Fresh evidence - Comity

[2006] EWCA Civ 1123; The Times, 28 August 2006 - Court of Appeal

Judge Sedley, Keene & Longmore LJJ

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

July 13, 2006

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

Turner v News Group Newspapers Ltd (CA)

May 16, 2006

Defamation - Libel - Offer of amends - Assessment of compensation under s.3(5) Defamation Act 1996 - Burstein plea - 'Directly relevant background context' - Mitigation of damages

[2006] EWCA Civ 540; [2006] 1 WLR 3469; [2006] 4 All ER 613; [2006] EMLR 703; The Independent, 23 May 2006 - Court of Appeal

Judge Pill, Keene & Moses LJJ

Howlett v Holding (No. 4)

January 25, 2006

Harassment - Protection from Harassment Act 1997 - Injunction - Interim injunction - Permanent injunction - Private life - Freedom of expression - Articles 8 & 10 ECHR - Defamatory allegations on banners and leaflets - Covert surveillance

[2006] EWHC 41 (QB); The Times, 8 February 2006 - Queen's Bench Division

Judge Eady J

Wakefield v Channel Four Television & Others

November 4, 2005

Defamation - Libel - Stay of proceedings - concurrent GMC disciplinary proceedings - concurrent libel proceedings - Article 6 - Right to trial within a reasonable time

[2005] EWHC 2410 (QB) - Queen's Bench Division

Judge Eady J

Charman v Orion Publishing Group & others (No.2)

October 14, 2005

Defamation - Libel - Meaning - Trial of a Preliminary Issue on Meaning - the natural and ordinary meaning of the words complained of

[2005] EWHC 2187 (QB) - Queen's Bench Division

Judge Gray J

Charman v Orion Publishing Group & others

June 17, 2005

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

Turner v News Group Newspapers Ltd & Another

May 12, 2005

Defamation - Libel - Offer of Amends - Assessment of Compensation under <A href="http://www.bailii.org/uk/legis/num_act/da199699/s3.html" target=_blank>s.3(5) Defamation Act 1996 - 'Burstein' plea - Whether mitigation or aggravation

[2005] EWHC 892 (QB); [2005] EMLR 553 - Queen's Bench Division

Judge Eady J

Rackham v Sandy & Others (No.2)

March 23, 2005

Defamation - Libel - Trial - Qualified Privilege - Malice - Damages

[2005] EWHC 482 (QB) - Queen's Bench Division

Judge Gray J

Rackham v Sandy and Others

February 24, 2005

Defamation – Libel – Mode of trial – Prolonged examination of documents – s.69 Supreme Court Act 1981

24/02/2005 - Queen's Bench Division

Judge Gray J

Nail v News Group Newspapers Ltd & Others (CA)

December 20, 2004

Defamation - libel - offer of amends - damages - principles of assessment of compensation by judge under s.3(5) Defamation Act 1996 - extent to which the offer of amends mitigates damages

[2004] EWCA Civ 1708; [2005] 1 All ER 1040; [2005] EMLR 257; The Times 6 Jan 2005; The Independent 14 Jan 2005 - Court of Appeal (Civil Division)

Judge May, Auld & Gage LJJ

Wood v Chief Constable of West Midlands Police (CA)

December 8, 2004

Defamation - libel - qualified privilege - summary judgment - slander - amendment to add case in slander after the close of evidence at trial - s.32A Limitation Act 1980 - CPR 17.4

[2004] EWCA Civ 1638; [2005] EMLR 449; The Times, 13 December 2004 - Court of Appeal

Judge May, Dyson & Wall LJJ

Sharma v Jay & Others (No.2)

February 11, 2004

Defamation - Slander - Stay of proceedings - concurrent GMC disciplinary proceedings

11/02/2004 - Queen's Bench Division

Judge Eady J

Wood v Chief Constable of West Midlands Police

December 8, 2003

Defamation - Libel - qualified privilege - summary judgment - privilege of a police officer to warn the clients of an unconvicted defendant not to trade with his business

[2003] EWHC 2971 (QB), [2004] EMLR 310 - Queen's Bench Division

Judge Tugendhat J

Miller v Associated Newspapers Ltd

November 11, 2003

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

Blake v Associated Newspapers Limited

July 31, 2003

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

Sharma v Jay & Others

April 15, 2003

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

Rigg v Associated Newspapers Ltd

March 7, 2003

Defamation - Libel - Offer of amends - s2 Defamation Act 1996 - Disclosure - Whether journalist's notes should be disclosed

[2003] EWHC 710 (QB); [2004] EMLR 52 - Queen's Bench Division

Judge Gray J

Cleese v Clark & Associated Newspapers Limited

February 6, 2003

Defamation- Libel - Offer of Amends Procedure- Hearing to assess compensation- Section 3(5) Defamation Act 1996 - Damages.

[2003] EWHC 137 (QB); [2004] EMLR 37 - Queen's Bench Division

Judge Eady J

Abu v MGN Ltd

November 7, 2002

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

Bataille v Newland & Ors

July 31, 2002

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

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

July 30, 2002

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

Mark v Associated Newspapers Limited

May 30, 2002

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

Kiam v MGN Ltd

January 28, 2002

Defamation- Libel - Damages - Jury trial - Appeal on quantum - whether award of £105,000 was excessive - procedure to determine size of bracket - referrring jury to comparable awards

[2002] EWCA Civ 43; [2003] QB 281; [2002] 2 All ER 219; [2002] 3 WLR 1036 - Court of Appeal

Judge Simon Brown, Waller & Sedley LJJ

Carpenter v Associated Newspapers Ltd

November 30, 2001

Defamation - Libel- Fair Trial - Striking Out - CPR 3.4(2) - Abuse of Process - article 6 - right to a fair trial

30/11/2001 - Queen's Bench Division

Judge Gray J

Al-Fagih v HH Saudi Research & Marketing

November 5, 2001

Defamation - Libel - Qualified privilege - Reynolds - Duties of responsible journalists - Verification of information - Political debate - Neutral reportage

[2001] EWCA Civ 1634; [2002] EMLR 215 - Court of Appeal

Judge SImon Brown LJ, Mantell LJ, Latham LJ

Elite Model Agency v BBC

May 24, 2001

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

Branson v Bower

May 24, 2001

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

Berezovsky v Forbes Inc & Michaels

May 11, 2000

Defamation - Jurisdiction - Choice of Forum - Forum Non Conveniens - Claimants' connection with and reputation in England and Wales - Admittance of new evidence

[2000] UKHL 25; [2000] 1 WLR 1004; [2000] 2 All ER 986; [2000] EMLR 643 - House of Lords

Judge Lords Steyn, Nolan, Hoffmann, Hope and Hobhouse

Hamilton v Fayed

March 23, 2000

Defamation - libel action over allegations on television of corruption by Member of Parliament - parliamentary privilege - waiver under section 13 of Defamation Act 1996 - trial requiring investigation of same issues as Parliamentary Commissioner for Standards - whether libel action involved breach of parliamentary privilege and should be stayed.

[2001] AC 395 - House of Lords

Judge Lords Browne-Wilkinson, Steyn, Cooke, Hope and Clyde

Watson v Prager and Another

March 15, 1991

Sport - boxing - management contract - manager also promoter - restraint of trade - whether terms reasonable - arbitration clause - application to stay - impartiality of arbitrator - revocation of authority

[1991] 1 WLR 726 - Chancery Division

Judge Scott J