Gillick v British Broadcasting Corp (BBC) & Anor [1995] EWCA Civ 46 (19 October 1995)

Gillick v British Broadcasting Corp (BBC) & Anor [1995] EWCA Civ 46 (19 October 1995)

The majority held that the words spoken by Mrs. Pearce were capable of bearing the meaning that Mrs. Gillick was morally responsible for the deaths of two girls and that such a meaning was capable of being defamatory; therefore, the preliminary issue was correctly decided in Mrs. Gillick's favour and the appeal should be dismissed.

Citation
[1995] EWCA Civ 46
Parties
Plaintiff/respondent: Victoria Gillick; Defendant/appellant: British Broadcasting Corporation; Defendant/appellant: Susan Pearce
Jurisdiction
England and Wales
Judgment Date
19 October 1995
Procedural Posture
Appeal (civil) / Appeal From High Court Preliminary Issue Decision
Outcome
Appeal dismissed with costs
Legal Topics
Libel, Meaning of Defamatory Statements, Preliminary Issue on Meaning, Broadcast Media Liability
Defamation Media Law Libel Meaning of Defamatory Statements Preliminary Issue on Meaning Broadcast Media Liability

Case Brief

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Parties

Victoria Gillick

Plaintiff/respondent

British Broadcasting Corporation

Defendant/appellant

Susan Pearce

Defendant/appellant

Procedural Posture

Appeal (civil) / Appeal From High Court Preliminary Issue Decision

Legal Issues

  1. 1 Whether words spoken by Mrs. Pearce were capable of bearing the defamatory meaning alleged by Mrs. Gillick
  2. 2 Whether the words were capable of being understood as imputing moral responsibility for suicide to Mrs. Gillick
  3. 3 Whether such meaning is actionable in defamation

Ratio Decidendi

The majority held that the words spoken by Mrs. Pearce were capable of bearing the meaning that Mrs. Gillick was morally responsible for the deaths of two girls and that such a meaning was capable of being defamatory; therefore, the preliminary issue was correctly decided in Mrs. Gillick's favour and the appeal should be dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • Judgment for Mrs. Gillick on the preliminary issue
  • Defendants to pay costs of the appeal