Skrine & Co & Ors v Euromoney Publications Plc & Ors [2001] EWCA Civ 1479 (10 October 2001)

Skrine & Co & Ors v Euromoney Publications Plc & Ors [2001] EWCA Civ 1479 (10 October 2001)

The judge was entitled to find the natural and ordinary meaning of the article as imputing unethical and unprofessional manipulation of the Malaysian court system, not corruption, and to categorise the words as comment. The events of 1987-88 and certain particulars in the defence were irrelevant to the issues and properly struck out. The defendants may rely on Malaysian law and certain particulars to argue that the claim for contribution should be extinguished or reduced, but not on broad attacks on the Malaysian judiciary. The claimants' appeal is dismissed; the defendants' appeal is allowed in part.

Citation
[2001] EWCA Civ 1479
Parties
Claimants: Skrine & Co & Others; Defendants: Euromoney Publications plc & Others
Jurisdiction
England and Wales
Judgment Date
10 October 2001
Procedural Posture
Appeal (civil) / Appeal From Case Management Orders and Rulings on Meaning and Strike Out in Contribution Claim
Outcome
Claimants' appeal dismissed; defendants' appeal allowed in part.
Legal Topics
Libel, Contribution Under Civil Liability (contribution) Act 1978, Double Actionability, Comment Vs Fact in Defamation, Public Policy Exception, Striking Out Pleadings, Assessment of Damages, Comity, Article 10 ECHR
Defamation Conflict of Laws Civil Procedure Libel Contribution Under Civil Liability (contribution) Act 1978 Double Actionability Comment Vs Fact in Defamation Public Policy Exception +4 more

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Parties

Skrine & Co & Others

Claimants

Euromoney Publications plc & Others

Defendants

Procedural Posture

Appeal (civil) / Appeal From Case Management Orders and Rulings on Meaning and Strike Out in Contribution Claim

Legal Issues

  1. 1 What is the defamatory meaning of the words complained of in the article?
  2. 2 Do the words constitute comment or fact?
  3. 3 Are the defendants entitled to rely on certain defences and particulars in their defence?

Ratio Decidendi

The judge was entitled to find the natural and ordinary meaning of the article as imputing unethical and unprofessional manipulation of the Malaysian court system, not corruption, and to categorise the words as comment. The events of 1987-88 and certain particulars in the defence were irrelevant to the issues and properly struck out. The defendants may rely on Malaysian law and certain particulars to argue that the claim for contribution should be extinguished or reduced, but not on broad attacks on the Malaysian judiciary. The claimants' appeal is dismissed; the defendants' appeal is allowed in part.

Court Disposition

Claimants' appeal dismissed; defendants' appeal allowed in part.

Orders

  • Claimants' appeal dismissed.
  • Defendants' appeal allowed in part.