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February 22, 2012

Telegraph refused permission to appeal in Thornton case

Categories: Defamation, News

Tags: appeal, Defamation

Decision on malice against journalist stands


The Court of Appeal have refused permission to appeal to The Daily Telegraph against the decision of Mr Justice Tugendhat in the case of Thornton v Telegraph Media Group Ltd.

In a judgment handed down in July 2011 the writer and academic was awarded £65,000 damages for libel and malicious falsehood in relation to a book review following trial, with a finding that the journalist had acted maliciously.

Telegraph Media Group’s application for permission to appeal against the Judge’s decision on liability was dismissed following a renewed application at an oral hearing on 21 February 2012.

At the time of the decision in July 2011 a spokesman for Telegraph Media Group said “We are dismayed by this judgment. We believe the findings that Lynn Barber was reckless and motivated by malice are erroneous, and have adverse implications for freedom of expression.”

5RB‘s Justin Rushbrooke (instructed by Taylor Hampton) was junior counsel for Dr Thornton.

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