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Chang Wa Shan v Esther Chan Pui Kwan

September 8, 2017

Defamation - malicious falsehood - slander - absolute privilege - civil proceedings - informant - damages - causation - remoteness - Hong Kong

CACV 240/2015 - Hong Kong Court of Appeal

Judge Yuen, Kwan, Macrae JJA

Flood v Times Newspapers Ltd (No.3)

December 19, 2013

Libel - Damages - Defendant's conduct - Deterrence - Vindication

[2013] EWHC 4075 (QB) - High Court, Queen's Bench Division

Judge Nicola Davies J

Mengi v Hermitage (No 2)

November 30, 2012

Libel - internet blog - justification - reply to attack qualified privilege

[2012] EWHC 3445 (QB) - High Court, Queen's Bench Division

Judge The Honourable Mr Justice Bean

Flood v Times Newspapers Limited (SC)

March 21, 2012

Libel - Reynolds privilege - Public interest - Responsible journalism

[2012] UKSC 11 - Supreme Court

Judge Lords Phillips, Brown, Mance, Clarke and Dyson

Modi & IMG v Clarke

July 29, 2011

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

May 24, 2011

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

Ronaldo v Telegraph Media Limited

October 27, 2010

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

Flood v Times Newspapers Ltd (CA)

July 13, 2010

Libel - Reynolds privilege - Public interest - Responsible journalism - Continued internet publication following receipt of new information - Appellate jurisdiction

[2010] EWCA Civ 804; [2010] EMLR 26; [2010] HRLR 30; Times, July 27, 2010 - Court of Appeal

Judge Master of the Rolls, Moore-Bick LJ, Moses LJ

Flood v Times Newspapers Ltd

October 2, 2009

Defamation - Allegations published in print and on website - Reynolds privilege - Preliminary issue - Police officer - Allegation of corruption - Police investigation - Anonymous ources

[2009] EWHC 2375 (QB); [2010] EMLR 8 - Queen's Bench Division

Judge Tugendhat J

Radu v Houston & Another (No.4)

March 4, 2009

Libel - Justification - Pleading of a Chase level 2 defence - Striking out

[2009] EWHC 398 (QB) - Queen's Bench Division

Judge Eady J

Adelson v Associated Newspapers Ltd (No 3)

February 19, 2008

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)

December 19, 2007

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)

July 9, 2007

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

May 1, 2007

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

Jameel & Another v Wall Street Journal Europe (No.2) (HL)

October 11, 2006

Defamation - Libel – Reynolds qualified privilege - Presumption of damage - Corporate claimants

[2006] UKHL 44; [2007] 1 AC 359; [2006] 3 WLR 642; [2006] 4 All ER 1279; [2007] EMLR 14; (2007) Bus LR 291; (2006) HRLR 41; The Times, 12 October 2006; The Independent, 17 October 2006 - House of Lords

Judge Lords Bingham of Cornhill, Hoffman, Hope of Craighead, Scott of Foscote, Baroness Hale of Richmond

Mahfouz and another v Brisard & another

May 25, 2006

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

Galloway v Telegraph Group Ltd (CA)

January 25, 2006

Libel – Qualified privilege – Reynolds privilege – Reportage – Adoption – Public interest – Fair comment on privileged report – Damages

[2006] EWCA Civ 17; [2006] EMLR 221; [2006] HRLR 13; The Times 6 February 2006; The Independent 26 January 2006 - Court of Appeal

Judge Sir Anthony Clarke MR; Chadwick & Laws LJJ

Campbell v MGN Ltd (Costs) HL

October 20, 2005

Costs - Conditional Fee Agreements - Success Fee - Article 10 - Access to Justice - Article 6 - Proportionality - Cost-capping

[2005] UKHL 61; [2005] 1 WLR 3394; [2005] 4 All ER 793; [2006] EMLR 1; The Times, 21 October 2005 - House of Lords

Judge Lords Nicholls, Hoffmann, Hope, Carswell, Baroness Hale

Mahfouz and another v Brisard and another

September 30, 2005

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

Jameel & Another v Times Newspapers Ltd (No.2)

June 15, 2005

Defamation - Libel - Statutory qualified privilege - Justification - Grounds to inquire - Case management - Striking out

[2005] EWHC 1219 (QB) - Queen's Bench Division

Judge Gray J

Jameel & Another v Wall Street Journal Europe (No.2) (CA)

February 3, 2005

Defamation - Libel – Reynolds privilege – Relevance of Bonnick v Morris - Presumption of damage – Presumption of falsity

[2005] EWCA Civ 74; [2005] QB 904; [2005] 2 WLR 1577; [2005] EMLR 377; [2005] 4 All ER 356; The Times 14 Feb 2005; The Independent 9 Feb 2005 - Court of Appeal

Judge Lord Phillips MR, Sedley and Parker LJJ

Jameel (Yousef) v Dow Jones & Co. Inc.

February 3, 2005

Defamation - libel – Internet publication - presumption of damage - identification of Claimant – no real and substantial tort/abuse of process

[2005] EWCA Civ 75; [2005] QB 946; [2005] 2 WLR 1614; [2005] EMLR 353; The Times 14 Feb 2005; The Independent 10 Feb 2005 - Court of Appeal

Judge Lord Phillips MR, Sedley and Parker LJJ

Galloway v Telegraph Group Ltd (QBD)

December 2, 2004

Libel – Qualified Privilege – Reynolds – Reportage – Adoption – Public Interest – Fair Comment on Privilege Report – Damages

[2004] EWHC 2786 (QB); [2005] EMLR 115 - Queen's Bench Division

Judge Eady J

King v Lewis & Others (CA)

October 19, 2004

Libel - Internet - Publication - Jurisdiction - Whether England was the correct forum - CPR - Leave to Serve Claim Form out of jurisdiction

[2004] EWCA Civ 1329; [2005] EMLR 45; The Independent, 11 November 2004 - Court of Appeal

Judge Lord Woolf CJ, Mummery & Laws LJJ

Jameel & Another v Times Newspapers Ltd (CA)

July 21, 2004

Defamation - Libel - Meaning of words complained of - Chase 'level 2' and 'level 3 meanings' - Pleadings - Whether article capable of being defamatory of corporate claimant

[2004] EWCA Civ 983; [2004] EMLR 665 - Court of Appeal

Judge Sedley, Longmore, Kay LJJ

King v Lewis

February 6, 2004

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

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

Judge Eady J

Jameel & Another v Wall Street Journal Europe (CA)

November 26, 2003

Libel - meaning - preliminary ruling as to capable meanings - qualified privilege - admissibility of evidence bearing on truth of allegation complained of

[2003] EWCA Civ 1694; [2004] EMLR 6 - Court of Appeal

Judge Simon Brown, Mummery and Mance LJJ

Jameel & Another v Times Newspapers Ltd

November 7, 2003

Defamation - Libel - Meaning of words complained of - Whether article capable of being defamatory of corporate claimant - Justification - Summary judgment

[2003] EWHC 2609 (QB) - Queen's Bench Division

Judge Gray J

Sheikha Mouza al Misnad v Azzaman Ltd & Others

July 21, 2003

Defamation - Libel - Summary disposal - CPR Part 24 - s.8 Defamation Act 1996 - Conflict of laws - Publication in multiple foreign jurisdictions - Reynolds privilege - Standards of responsible journalism

[2003] EWHC 1783 (QB) - Queen's Bench Division

Judge Gray J

Milne v Express Newspapers (No.2)

July 10, 2003

Defamation - Libel - offer of amends - rejection of offer of amends - the correct test under s4(3) Defamation Act 1996

[2003] EWHC 1843 (QB) - Queen's Bench Division

Judge Eady J

Musa King v Telegraph Group Ltd (QBD)

June 9, 2003

Defamation - libel - civil procedure - Conditional fee arrangements - Human Rights - Articles 6, 10 - justification - whether it was permissible to justify the meaning that the police suspected the claimant of involvement in terrorist offences

[2003] EWHC 1312 (QB) - Queen's Bench Division

Judge Eady J

Harrods Ltd v Dow Jones & Co Inc

May 22, 2003

Defamation - libel - jurisdiction - whether the claimant could sue the defendant in this jurisidiction

[2003] EWHC 1162 (QB) - Queen's Bench Division

Judge Eady 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

Milne v Express Newspapers (QBD)

November 29, 2002

Defamation - Offer of amends - s.4(3) Defamation Act 1996 - "knew or had reason to believe"

[2002] EWHC 2564 (QB); [2003] 1 WLR 927; [2003] 1 All ER 482; [2003] EMLR 440 - Queen's Bench Division

Judge Eady J

Foster & Another v Associated Newspapers Limited

September 13, 2002

Defamation - Libel - meaning - justification - amendment - mode of trial - s.69 Supreme Court Act 1981 - adjournment of trial

[2002] EWHC 1885 (QB) - Queen's Bench Division

Judge Gray J

McManus v Beckham

July 4, 2002

Defamation - Slander - liability for republication - foreseeability - special damage

[2002] EWCA Civ 939; [2002] EMLR 880; [2002] 1 WLR 2982 - Court of Appeal

Judge Waller, Clark, Laws LLJ

Hamilton v Al Fayed (No 2)

May 17, 2002

Costs - application for contributors to fighting fund to pay costs of successful defendant - discretion as to costs under Supreme Court Act 1981 s 51

[2003] QB 1175; [2003] 2 WLR 128 - Court of Appeal

Judge Simon Brown, Chadwick and Hale LJJ

Kinch v Associated Newspapers Ltd

April 29, 2002

Defamation - Libel - meaning - justification - allegation of infamy - bad reputation

[2002] EWHC 1020 (QB) - Queen's Bench Division

Judge Eady J

Gaddafi v Telegraph Group Ltd (No.3)

March 12, 2002

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

McPhilemy v Times Newspapers Ltd (No.4)

June 20, 2001

Defamation - Libel - Costs - Claimant's Offer to Settle - CPR Part 36.21 - Consequences of Claimant doing better than offer made - Indemnity Costs

[2001] EWCA Civ 933; [2002] 1 WLR 934; [2001] 4 All ER 861; [2001] EMLR 858 - Court of Appeal

Judge Simon-Brown, Chadwick & Longmore LJJ

McPhilemy v Times Newspapers Ltd (No.3)

June 12, 2001

Defamation - Libel - Jury Trial - Appeal against alleged perversity in jury verdict - Question left to the jury specifically on Appellants' insistence - Abuse of Process

[2001] EWCA Civ 871; [2001] EMLR 832 - Court of Appeal

Judge Simon-Brown, Chadwick & Longmore LJJ

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

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

McPhilemy v Times Newspapers Ltd (No.2)

March 10, 2000

Defamation - Libel - Civil Evidence - Use of witness statements at trial - CPR Part 32.5

[2000] 1 WLR 1732 - Court of Appeal

Judge Thorpe & Brooke LJJ

Gaddafi v Telegraph Group Ltd

October 28, 1999

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

Reynolds v Times Newspapers Ltd

October 28, 1999

Defamation - libel - qualified privilege- newspaper publication concerning public figure engaged in political events- whether qualified privilege attached to all discussion of political matters- whether privilege attached to publication

[2001] 2 AC 127; [1999] 3 WLR 1010; [2000] EMLR 1; [1999] 4 All ER 609 - House of Lords

Judge Lords Nicholls, Steyn, Cooke, Hope and Hobhouse

McPhilemy v Times Newspapers Ltd

May 21, 1999

Defamation - Libel - Amendment - Justification - Lucas Box Meanings - Proportionality - proper role of pleadings

[1999] EWCA Civ 1464; [1999] 3 All ER 775; [1999] EMLR 751 - Court of Appeal

Judge Lord Woolf MR & May and Judge LJJ

Marks & Spencer plc v Granada Television Ltd

February 11, 1998

Defamation - Libel - Evidence - Hearsay - Civil Evidence Act 1968

[1998] EWCA Civ 207 - Court of Appeal

Judge Lord Bingham CJ, Swinton-Thomas & Mummery LJJ

Aitken v Preston and Others

May 15, 1997

Defamation - Libel - Mode of Trial - Trial by Judge alone - Prolonged Examination of Documents - s.69 Supreme Court Act 1981

[1997] EMLR 415 - Court of Appeal

Judge Bingham LCJ, Hirst & Millett LJJ

Charleston & Smith v News Group Newspapers Ltd

March 16, 1995

Defamation - Libel - Headline - Photographs - Meaning

[1995] 2 AC 65; [1995] 2 WLR 450; [1995] 2 All ER 313 - House of Lords

Judge Lords Keith, Bridge, Browne-Wilkinson, Slynn and Lloyd