Laurence Fox’s appeal from Collins Rice J’s decisions at trial is being heard by the Court of Appeal today (28 July).
At trial, the judge upheld the libel claims of Simon Blake and Colin Seymour against Mr Fox, finding for them on serious harm to reputation under s.1 of the Defamation Act 2013 and rejecting Mr Fox’s defence of ‘reply to attack’ qualified privilege. At a remedies hearing, the judge went on to award Mr Blake and Mr Seymour £90,000 damages each.
Meanwhile, Collins Rice J dismissed Mr Fox’s counterclaims for libel against Mr Blake, Mr Seymour and Nicola Thorp, rejecting his case on serious harm to reputation.
Warby LJ granted Mr Fox permission to appeal on five grounds.
The appeal is to be heard by Dingemans, Elisabeth Laing and Warby LJJ. The hearing is due to last 1.5 days. Among the issues that are likely to be considered are: the relationship between the principles governing proof of causation in tort and proof of bad reputation in defamation including the rule in Associated Newspapers Ltd v Dingle [1964] AC 371; the soundness of the judge’s rulings on serious harm in general; and quantum of damages.
The hearing is being livestreamed on YouTube.
Alexandra Marzec and Greg Callus of 5RB, led by Patrick Green KC of Henderson Chambers, are acting for the Appellant, instructed by Gateley Legal, while Adrienne Page KC and Godwin Busuttil of 5RB with Beth Grossman of Doughty Street Chambers are representing the Respondents, instructed by Patron Law.