Cases

Active filters: Area of work: Defamation and Malicious Falsehood [clear]
Year: 2008 [clear]

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John v Guardian News & Media Ltd

December 12, 2008

Defamation – Libel – Meaning – Ruling on meaning – Whether words capable of bearing contended meaning – Comment

[2008] EWHC 3066 - Queen's Bench Division

Judge Tugendhat J

Crossley & Crossley v Newsquest (Midlands South) Limited

December 11, 2008

Libel – Privacy - Summary judgment – Absolute privilege – Qualified privilege – Fair comment – Malice – Abuse of process - Newspaper article reporting neighbours’ dispute

[2008] EWHC 3054 (QB) - High Court

Judge Eady J

Tycon Energy Corp v The Motley Fool Limited

December 9, 2008

Defamation - Libel - Internet postings - Norwich Pharmacal order - Anonymous representations by posters - Costs

Unreported, 9 December 2008 - Queen's Bench Division

Judge Eady J

Mireskandari v Associated Newspapers Ltd

November 19, 2008

Defamation - Extension of Time for Service of a Defence - Solicitors duty to make own investigation of facts independent of their client

19/11/2008 - Queen's Bench Division

Judge Master Fontaine

H v Tomlinson

November 12, 2008

Privacy - Human Rights Act claim for an Article 8 right to reputation - Defamation - Justification - Common sting

[2008] EWCA Civ 1258 - Court of Appeal (Civil Division)

Judge Ward, Sedley and Longmore LJJ

Hayter v Fahie

October 28, 2008

Defamation - Libel - Qualified privilege - Malice - Summary judgment

[2008] EWCA Civ 1336 - Court of Appeal (Civil Division)

Judge Sir Anthony May (President QB), Wilson and Rimer LJJ

Hughes v Alan Dick & Co Ltd

October 23, 2008

Defamation - Slander - Absolute privilege - Qualified privilege - Malice - Default judgment - Setting aside - CPR r.13.3(1)

[2008] EWHC 2695 (QB) - Queen's Bench Division

Judge Eady J

Hussein v Farooq & Sheik

October 22, 2008

Defamation - Slander - Adequacy of evidence - Proof of oral publication - Slander actionable without proof of special damage

[2008] EWHC 2487 (QB) - Queen's Bench Division

Judge Eady J

Brady v Norman

October 20, 2008

Defamation - Libel - Qualified privilege - Defamatory meaning - Internet publication - Trade journal

[2008] EWHC 2481 (QB) - Queen's Bench Divison

Judge Richard Parkes QC sitting as a Deputy Judge

Apsion v The Bar Standards Board

October 10, 2008

Appeal from the Disciplinary Tribunal of the Council of the Inns of Court - Whether Tribunal had been correct to conclude that the appellant did not have sufficient competence or expertise to advise in a defamation claim - Whether the charges infringed the Appellant's Art 10 rights

D2006/098&099 - Visitors to Lincoln's Inn

Judge King J, Ms Marion Smith, Mr David Hall

Crossley & Anor v Wallace & Anor

October 10, 2008

Defamation - libel - abuse of process - no reasonable basis for bringing a claim - review of Master's decision under CPR 3.4(2)(a) and (b) - ruling on meaning

[2008] EWHC 2846 (QB) - High Court, QBD

Judge Openshaw J.

Berezovsky v Russian State Television & Another

July 31, 2008

Defamation - Libel - Foreign broadcaster - Jurisdiction - Fair trial - Defence not justiciable - Anonymity of sources - s.10 Contempt of Court Act 1981

[2008] EWHC 1918 (QB) - Queen's Bench Division

Judge Eady J

Smith v ADVFN Plc & Ors (No 2)

July 25, 2008

Defamation - Libel - Stay - Postings on internet bulletin board - Whether to be treated as libels or slanders

[2008] EWHC 1797 (QB) - Queens Bench Division

Judge Eady J

Ewing v News International & Ors

July 22, 2008

Vexatious litigant - Leave to bring proceedings - Media organisations - Defamation - Libel - Harassment - Privacy - Chilling effect - Disproportionality

[2008] EWHC 1390 (QB) - Queen's Bench Division

Judge Coulson J

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

Radu v Houston & Another (No.3) (CA)

July 15, 2008

Defamation - Libel - Reynolds privilege - Public interest - Obtaining comment - Gist of claimant's position

[2008] EWCA Civ 921; [2009] EMLR 13 - Court of Appeal

Judge May LJ, Moore-Bick LJ, Lawrence Collins LJ

Westcott v Westcott (CA)

July 15, 2008

Defamation - Libel - Slander - Defences - Absolute privilege - Whether complaints to police are covered by absolute or qualified privilege - Preliminary issue

[2008] EWCA Civ 818; [2009] 2 WLR 838; [2009] 1 All ER 727; [2009] EMLR 2 - Court of Appeal

Judge Ward, Sedley, Stanley Burton LJJ

Mond & Ors v Mason & Ors

June 24, 2008

Libel - Malicious falsehood - Causing loss by unlawful means - Freezing order - Good arguable case - Real risk of removal or disposal of assets - Injunction restraining publication

[2008] EWHC 1649 (QB) - Queen's Bench Division

Judge Gray J

Kieren Fallon v MGN Limited (No 3)

June 16, 2008

Justification of Level 2 Meaning - Reasonable Grounds to suspect the Claimant of complicity in race-fixing - Whether adverse expert evidence on manner of Claimant's race riding is essential to the viability of the Defence

- Queen's Bench Division

Judge Eady J

Bray v Deutsche Bank AG

June 12, 2008

Defamation - Libel - Qualified privilege - Malice - Anonymity of witnesses

[2008] EWHC 1263 (QB); [2009] EMLR 12 - Queen's Bench Division

Judge Tugendhat J

Alitha Publishing Ltd & Constantinides v Cyprus

May 22, 2008

Defamation - Article 10 - Reynolds privilege - Responsible journalism - Justification - Fair comment - Qualified privilege - Burdens of proof - Article 8

Application No 17550/03 - European Court of Human Rights

Judge Rozakis P, Vajic, Hajiyev, Spielmann, Jebens, Malinverni, and Nicolatos

Curistan v Times Newspapers Ltd (CA)

April 30, 2008

Defamation - Libel - Meaning - Qualified privilege - Repetition rule - Single-meaning rule - Preliminary issue

[2008] EWCA Civ 432; The Times, 6 May 2008 - Court of Appeal

Judge Lord Phillips CJ, Laws & Arden LJJ

Gur v Avrupa Newspaper Ltd & Anor (CA)

April 30, 2008

Defamation - Libel - Damages - Article 6, ECHR - Reference to personal injury awards

[2008] EWCA Civ 594; [2009] EMLR 4 - Court of Appeal

Judge Buxton, Tuckey, Dyson LJJ

Smith v ADVFN Plc (CA)

April 14, 2008

Defamation - Norwich Pharmacal disclosure – Defamatory material on bulletin board

[2008] EWCA Civ 518 - Court of Appeal (Civil Division)

Judge May and Moore-Bick LJJ

Kulis v Poland

March 18, 2008

Human rights - Freedom of expression - Article 10, European Convention on Human Rights - Defamation - Publication of interview - Politician - Matter of public interest - Fact/value judgment dichotomy

Application No. 15601/02 - European Court of Human Rights

Judge Bratza (President), Garlicki, Bonello, Pavlovschi, Mijoviæ, Šikuta, and Hirvelä (Judges)

Rath v Guardian News & Media Limited & Anor

March 5, 2008

Libel - Striking out - Summary judgment - Defence - Justification - Severable and distinct allegation - Fair comment - Error in facts stated - s.6 Defamation Act 1952 - Damages - Reliance on other articles publishing similar allegations

[2008] EWHC 398 (QB) - Queen's Bench Division

Judge Tugendhat J

W v JH & A County Council Limited

March 5, 2008

Libel – Summary judgment – Qualified privilege – ‘Off the peg’ privilege – Lapse of time - Data Protection Act 1998 - Criminal Justice Act 2003

[2008] EWHC 399 (QB); [2009] EMLR 11 - Queen's Bench Division

Judge Tugendhat 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

Freer v Zeb & Ors

February 18, 2008

Defamation - Slander - Publication - Summary Judgment - Abuse of process - Vicarious liability - Civil restraint orders

[2008] EWHC 212 (QB) - High Court Queen's Bench Division

Judge Victoria Sharp QC

Ivereigh v Associated Newspapers Ltd

February 12, 2008

Witness anonymity - inherent jurisdiction - CPR 39.2(4) - interests of witness and her children - private and family life - open justice - balancing - intense focus - order granted

[2008] EWHC 339 (QB) - Queen's Bench Division

Judge Eady J

Jeynes v News Magazines Limited & Anor

January 31, 2008

Libel – Defamatory meaning - Whether words complained of capable of bearing pleaded meaning

[2008] EWCA Civ 130 - Court of Appeal

Judge Sir Anthony Clarke MR, Lord Justice Tuckey and Lord Justice Jacob

Seaga v Harper

January 30, 2008

Defamation - Slander - Defences - Qualified privilege - Reynolds privilege - Statement by politician - Application of Reynolds privilege to non-media publication

Appeal No 90 of 2006 - Privy Council

Judge Lords Scott, Walker, Carswell and Neuberger and Sir Henry Brooke

Trumm v Norman

January 29, 2008

Defamation - Libel – Qualified privilege – Meaning – Damages –Assessment of damages

[2008] EWHC 116 (QB) - Queen's Bench Division

Judge Tugendhat J

Akinleye v East Sussex Hospitals NHS Trust

January 25, 2008

Summary judgment - Part 24 - Defamation - Qualified privilege - Malice - Dominant motive - No honest belief in truth - Evidence of malice

[2008] EWHC 68 (QB) - Queen's Bench Division

Judge Richard Parkes QC (sitting as a Deputy Judge)

Condé Nast Publications Ltd & Anor v UK

January 8, 2008

Human rights - Right to fair trial - Right to freedom of expression - Arts 6, 10, 18, ECHR - Civil procedure - Video conference link - Defamation - Claimant in libel proceedings giving evidence by video conference link

Application no. 29746/05 - European Court of Human Rights

Judge Casadevell (President) and Bratza, Bonello, Traja, Pavlovschi, Šikuta and Hirvelä (Judges)