Turcu v News Group Newspaper Ltd

Turcu v News Group Newspaper Ltd

Permission to appeal is granted out of time based on the plausibility and potential significance of new evidence from Mr Gashi, which was not available at trial and could affect the outcome regarding justification.

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 for Permission to Appeal Out of Time
Outcome
Permission to appeal granted out of time; application allowed
Legal Topics
Justification Defence, Fresh Evidence on Appeal, Burden of Proof, Permission to Appeal
Defamation Civil Procedure Justification Defence Fresh Evidence on Appeal Burden of Proof Permission to Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Alin Turcu (alias Bogdan Maris)

Claimant/appellant

News Group Newspaper Limited

Defendant/respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether fresh evidence from Mr Gashi should be admitted on appeal
  2. 2 Whether the original grounds of appeal can proceed without the new evidence
  3. 3 Whether the defence of justification was properly upheld

Ratio Decidendi

Permission to appeal is granted out of time based on the plausibility and potential significance of new evidence from Mr Gashi, which was not available at trial and could affect the outcome regarding justification.

Court Disposition

Permission to appeal granted out of time; application allowed

Orders

  • Permission to appeal out of time is granted
  • Permission to amend the notice of appeal is granted