Makin v Cambridge [2010] EWCA Civ 1212 (08 October 2010)

Makin v Cambridge [2010] EWCA Civ 1212 (08 October 2010)

The judge's finding of meaning is arguably over-elaborate and unclear; difficulties may arise in contesting the action if the question of meaning is not revisited; permission to appeal should be granted.

Citation
[2010] EWCA Civ 1212
Parties
Appellant/defendant: Makin; Respondent/claimant: Cambridge
Jurisdiction
England and Wales
Judgment Date
08 October 2010
Procedural Posture
Renewed Application for Permission to Appeal / Permission to Appeal Against Decision on Defamatory Meaning in Libel Action
Outcome
Permission to appeal granted
Legal Topics
Libel, Defamatory Meaning, Permission to Appeal
Defamation Civil Procedure Libel Defamatory Meaning Permission to Appeal

Case Brief

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Parties

Makin

Appellant/defendant

Cambridge

Respondent/claimant

Procedural Posture

Renewed Application for Permission to Appeal / Permission to Appeal Against Decision on Defamatory Meaning in Libel Action

Legal Issues

  1. 1 Whether the words complained of bear a defamatory meaning as pleaded by the claimant
  2. 2 Whether the judge's finding of meaning was correct or over-elaborate
  3. 3 Whether permission to appeal should be granted

Ratio Decidendi

The judge's finding of meaning is arguably over-elaborate and unclear; difficulties may arise in contesting the action if the question of meaning is not revisited; permission to appeal should be granted.

Court Disposition

Permission to appeal granted

Orders

  • Application for permission to appeal granted