Lewis v Commissioner of Police of the Metropolis & Ors (Rev 1) [2011] EWHC 781 (QB) (31 March 2011)

Lewis v Commissioner of Police of the Metropolis & Ors (Rev 1) [2011] EWHC 781 (QB) (31 March 2011)

The words complained of are capable of bearing the defamatory meaning attributed to them by Mr Lewis, including the allegation that he lied to the Parliamentary Select Committee. Evidence of Lady Buscombe's response is admissible as relevant to meaning and damages. Permission is granted to amend the Particulars of Claim to include Lady Buscombe as a publishee. The issue of mode of trial is deferred; the application for a ruling on meaning under s.69(4) is refused, but a ruling under CPR 53 PD 4.1 is made.

Citation
[2011] EWHC 781
Parties
Claimant: Mark Lewis; First Defendant: Commissioner of Police of the Metropolis; Second Defendant: Baroness Buscombe; Third Defendant: Press Complaints Commission
Jurisdiction
England and Wales
Judgment Date
31 March 2011
Procedural Posture
Libel Action / Ruling on Preliminary Applications
Outcome
Applications determined; permission granted to amend Particulars of Claim; ruling on meaning under CPR 53 PD 4.1; mode of trial deferred; ruling under s.69(4) refused.
Legal Topics
Libel, Qualified Privilege, Mode of Trial, Case Management, Amendment of Pleadings, Damages, Re Publication Liability
Defamation Media Law Civil Procedure Libel Qualified Privilege Mode of Trial Case Management Amendment of Pleadings +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 15 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mark Lewis

Claimant

Commissioner of Police of the Metropolis

First Defendant

Baroness Buscombe

Second Defendant

Press Complaints Commission

Third Defendant

Procedural Posture

Libel Action / Ruling on Preliminary Applications

Legal Issues

  1. 1 Whether the words complained of are capable of bearing the defamatory meaning attributed to them
  2. 2 Whether the issue of meaning should be tried by judge alone or with a jury
  3. 3 Permission to amend the Particulars of Claim to include additional publishees and republications

Ratio Decidendi

The words complained of are capable of bearing the defamatory meaning attributed to them by Mr Lewis, including the allegation that he lied to the Parliamentary Select Committee. Evidence of Lady Buscombe's response is admissible as relevant to meaning and damages. Permission is granted to amend the Particulars of Claim to include Lady Buscombe as a publishee. The issue of mode of trial is deferred; the application for a ruling on meaning under s.69(4) is refused, but a ruling under CPR 53 PD 4.1 is made.

Court Disposition

Applications determined; permission granted to amend Particulars of Claim; ruling on meaning under CPR 53 PD 4.1; mode of trial deferred; ruling under s.69(4) refused.

Orders

  • Permission to amend Particulars of Claim to include Lady Buscombe as a publishee granted.
  • Ruling that the words complained of are capable of bearing the defamatory meaning attributed to them.