Rigg v Associated Newspapers Ltd [2003] EWHC 710 (QB) (07 April 2003)

Rigg v Associated Newspapers Ltd [2003] EWHC 710 (QB) (07 April 2003)

Journalist's notes were not 'mentioned' in the Defence within CPR 31.14, so no entitlement to disclosure under that rule. However, the notes are highly relevant to pleaded issues and the Claimant's decision on the offer of amends; therefore, disclosure is ordered under CPR 31.12 as fair, reasonable, and in accordance with the overriding objective.

Citation
[2003] EWHC 710
Parties
Claimant/respondent: Dame Diana Rigg; Defendant/appellant: Associated Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
07 April 2003
Procedural Posture
Defamation and Malicious Falsehood Claim / Appeal From Order for Disclosure of Journalist's Notes
Outcome
Appeal allowed in part; order for disclosure under CPR 31.14 set aside, but disclosure ordered under CPR 31.12.
Legal Topics
Disclosure of Documents, Offer of Amends, Defamation Act 1996, CPR 31.12, CPR 31.14
Media Law Defamation Civil Procedure Disclosure of Documents Offer of Amends Defamation Act 1996 CPR 31.12 CPR 31.14

Case Brief

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Parties

Dame Diana Rigg

Claimant/respondent

Associated Newspapers Limited

Defendant/appellant

Procedural Posture

Defamation and Malicious Falsehood Claim / Appeal From Order for Disclosure of Journalist's Notes

Legal Issues

  1. 1 Whether journalist's notes were 'mentioned' in the Defence within CPR 31.14
  2. 2 Whether disclosure should be ordered under CPR 31.12 prior to acceptance of offer of amends

Ratio Decidendi

Journalist's notes were not 'mentioned' in the Defence within CPR 31.14, so no entitlement to disclosure under that rule. However, the notes are highly relevant to pleaded issues and the Claimant's decision on the offer of amends; therefore, disclosure is ordered under CPR 31.12 as fair, reasonable, and in accordance with the overriding objective.

Court Disposition

Appeal allowed in part; order for disclosure under CPR 31.14 set aside, but disclosure ordered under CPR 31.12.

Orders

  • Defendant to disclose Ms Kelly's notes to the Claimant pursuant to CPR 31.12.