Thomas v News Group Newspapers Ltd & Anor [2001] EWCA Civ 1233 (18 July 2001)

Thomas v News Group Newspapers Ltd & Anor [2001] EWCA Civ 1233 (18 July 2001)

A series of press publications can, in rare and exceptional circumstances, amount to harassment under the Protection from Harassment Act 1997, particularly where the publications are racist and foreseeably provoke hostility and distress against an individual. The claimant's pleading disclosed an arguable case that the defendants' conduct was oppressive, unreasonable, and not protected by Article 10 ECHR. The appeal to strike out the claim was therefore dismissed.

Citation
[2001] EWCA Civ 1233
Parties
Claimant/respondent: Esther Thomas; Defendant/appellant: News Group Newspapers Limited; Defendant/appellant: Simon Hughes
Jurisdiction
England and Wales
Judgment Date
18 July 2001
Procedural Posture
Civil Appeal / Appeal From Lambeth County Court to Court of Appeal (civil Division)
Outcome
Appeal dismissed
Legal Topics
Harassment, Freedom of Expression, Protection From Harassment Act 1997, Article 10 ECHR, Journalistic Conduct
Tort Law Media Law Human Rights Harassment Freedom of Expression Protection From Harassment Act 1997 Article 10 ECHR Journalistic Conduct

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 4 Authorities cited 12 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Esther Thomas

Claimant/respondent

News Group Newspapers Limited

Defendant/appellant

Simon Hughes

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Lambeth County Court to Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether a series of newspaper articles can constitute harassment under the Protection from Harassment Act 1997
  2. 2 Whether the publications in question were racist and intended to provoke hostility against the claimant on grounds of race
  3. 3 How Article 10 ECHR (freedom of expression) interacts with the 1997 Act in the context of press publications

Ratio Decidendi

A series of press publications can, in rare and exceptional circumstances, amount to harassment under the Protection from Harassment Act 1997, particularly where the publications are racist and foreseeably provoke hostility and distress against an individual. The claimant's pleading disclosed an arguable case that the defendants' conduct was oppressive, unreasonable, and not protected by Article 10 ECHR. The appeal to strike out the claim was therefore dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs to be subject to detailed assessment.
  • Case transferred to the High Court with an undertaking that, if successful, the defendants will not seek to recover more costs than they would be entitled to recover had the matter proceeded in the County Court.