Turcu v News Group Newspaper Ltd [2006] EWCA Civ 955 (26 May 2006)

Permission to appeal is granted in light of new evidence from Mr Gashi, which raises a realistic prospect that the evidence might be received and accepted on appeal, potentially affecting the justification defence.

Citation: [2006] EWCA Civ 955
Parties: Claimant/appellant: Alin Turcu (alias Bogdan Maris); Defendant/respondent: News Group Newspaper Limited
Jurisdiction: England and Wales
Judgment Date: 26 May 2006
Procedural Posture: Civil Appeal / Renewed Application Out of Time for Permission to Appeal
Outcome: Permission to appeal granted out of time; permission to amend notice of appeal granted.
Legal Topics: Justification Defence, Fresh Evidence on Appeal, Burden of Proof, Witness Credibility

Defamation Media Law Civil Procedure Justification Defence Fresh Evidence on Appeal Burden of Proof Witness Credibility

Case Brief

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Parties

Alin Turcu (alias Bogdan Maris)

Claimant/appellant

News Group Newspaper Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Renewed Application Out of Time for Permission to Appeal

Legal Issues

1 Whether new evidence from Mr Gashi should be admitted on appeal
2 Whether the original grounds of appeal can proceed without the new evidence
3 Whether the trial judge misapplied the burden of proof and erred on justification

Ratio Decidendi

Court Disposition

Permission to appeal granted out of time; permission to amend notice of appeal granted.

Orders

Permission to appeal out of time granted.
Permission to amend notice of appeal granted.