Mitchell v News Group Newspapers Ltd [2014] EWHC 3590 (QB) (31 October 2014)

Mitchell v News Group Newspapers Ltd [2014] EWHC 3590 (QB) (31 October 2014)

Permission granted to all parties to adduce expert evidence in phonetics and field of vision/trajectory analysis as it is potentially of value and reasonably required; majority of similar fact evidence regarding previous incidents admitted as relevant and probative, with six allegations excluded for lack of probative value; witness statements edited to exclude passages irrelevant to preliminary issues, particularly those relating only to damage.

Citation
[2014] EWHC 3590
Parties
Claimant in HQ13 D01052; Defendant in HQ13 D05940: Andrew Mitchell MP; Defendant in HQ13 D01052: News Group Newspapers Limited; Claimant in HQ13 D05940: Toby Rowland
Jurisdiction
England and Wales
Judgment Date
31 October 2014
Procedural Posture
Libel Actions (civil) / Pre Trial Review (ptr) Before Preliminary Issues Trial
Outcome
Applications for permission to adduce expert evidence granted; application to exclude similar fact evidence mostly refused; application to edit witness statements granted in part.
Legal Topics
Admission of Expert Evidence, Similar Fact Evidence, Case Management, Witness Statement Editing
Defamation Civil Procedure Evidence Admission of Expert Evidence Similar Fact Evidence Case Management Witness Statement Editing

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Andrew Mitchell MP

Claimant in HQ13 D01052; Defendant in HQ13 D05940

News Group Newspapers Limited

Defendant in HQ13 D01052

Toby Rowland

Claimant in HQ13 D05940

Procedural Posture

Libel Actions (civil) / Pre Trial Review (ptr) Before Preliminary Issues Trial

Legal Issues

  1. 1 Admissibility of expert evidence in phonetics and field of vision/trajectory analysis
  2. 2 Admissibility of similar fact evidence regarding previous incidents
  3. 3 Editing of witness statements for relevance

Ratio Decidendi

Permission granted to all parties to adduce expert evidence in phonetics and field of vision/trajectory analysis as it is potentially of value and reasonably required; majority of similar fact evidence regarding previous incidents admitted as relevant and probative, with six allegations excluded for lack of probative value; witness statements edited to exclude passages irrelevant to preliminary issues, particularly those relating only to damage.

Court Disposition

Applications for permission to adduce expert evidence granted; application to exclude similar fact evidence mostly refused; application to edit witness statements granted in part.

Orders

  • Permission granted to Mr Mitchell to adduce expert evidence from Professor Peter French (phonetics) and Professor David Whitaker (optometry).
  • Permission granted to NGN and PC Rowland to adduce expert evidence from Professor Mark Liberman (phonetics) and Andrew Postlethwaite (forensic virtual reconstruction).