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 for CPR 31.14 purposes, but disclosure is ordered under CPR 31.12 because the notes are highly relevant to a pleaded issue and necessary for the Claimant to make an informed decision on the offer of amends.

Citation
[2003] EWHC 710 (QB)
Parties
Claimant/respondent: Dame Diana Rigg; Defendant/appellant: Associated Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
07 April 2003
Procedural Posture
Defamation Appeal / Appeal From Order for Disclosure
Outcome
Appeal allowed in part; disclosure ordered under CPR 31.12, not CPR 31.14.
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 Appeal / Appeal From Order for Disclosure

Legal Issues

  1. 1 Whether journalist's notes were 'mentioned' in Defence under 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 for CPR 31.14 purposes, but disclosure is ordered under CPR 31.12 because the notes are highly relevant to a pleaded issue and necessary for the Claimant to make an informed decision on the offer of amends.

Court Disposition

Appeal allowed in part; disclosure ordered under CPR 31.12, not CPR 31.14.

Orders

  • Order for disclosure of Ms Kelly's notes pursuant to CPR 31.12.