Simpson v MGN Ltd [2015] EWHC 77 (QB) (21 January 2015)

Simpson v MGN Ltd [2015] EWHC 77 (QB) (21 January 2015)

The articles bore the natural and ordinary defamatory meaning that the claimant was unfaithful to his loyal partner Stephanie Ward, with whom he was in a long-term and committed relationship, living with their daughter as a family, and that by his conduct he callously destroyed his relationship with Ms Ward and broke up an established family unit. The defence of justification, as pleaded and as proposed to be amended, did not meet the full defamatory sting of the articles, particularly as it did not address the established family unit or Ms Ward's sacrifice of her legal career. Therefore, the application to amend the Defence was refused and the existing plea of justification was struck...

Citation
[2015] EWHC 77
Parties
Claimant: Daniel Peter Simpson; Defendant/intended Part 20 Claimant: MGN Limited; Intended Part 20 Defendant: Stephanie Ward
Jurisdiction
England and Wales
Judgment Date
21 January 2015
Procedural Posture
Libel Action / Preliminary Issues Hearing and Interlocutory Applications
Outcome
Claimant's application to try meaning as a preliminary issue granted; Defence of justification struck out; Defendant's application to amend Defence refused; Permission to join Stephanie Ward as Part 20 Defendant granted.
Legal Topics
Libel, Meaning of Defamatory Words, Justification Defence, Amendment of Pleadings, Contribution Claims, Mitigation of Damages
Defamation Media Law Civil Procedure Libel Meaning of Defamatory Words Justification Defence Amendment of Pleadings Contribution Claims +1 more

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Parties

Daniel Peter Simpson

Claimant

MGN Limited

Defendant/intended Part 20 Claimant

Stephanie Ward

Intended Part 20 Defendant

Procedural Posture

Libel Action / Preliminary Issues Hearing and Interlocutory Applications

Legal Issues

  1. 1 What is the natural and ordinary meaning of the words complained of?
  2. 2 Are the words defamatory of the claimant?
  3. 3 Is the defence of justification capable of succeeding on the pleaded facts?

Ratio Decidendi

The articles bore the natural and ordinary defamatory meaning that the claimant was unfaithful to his loyal partner Stephanie Ward, with whom he was in a long-term and committed relationship, living with their daughter as a family, and that by his conduct he callously destroyed his relationship with Ms Ward and broke up an established family unit. The defence of justification, as pleaded and as proposed to be amended, did not meet the full defamatory sting of the articles, particularly as it did not address the established family unit or Ms Ward's sacrifice of her legal career. Therefore, the application to amend the Defence was refused and the existing plea of justification was struck...

Court Disposition

Claimant's application to try meaning as a preliminary issue granted; Defence of justification struck out; Defendant's application to amend Defence refused; Permission to join Stephanie Ward as Part 20 Defendant granted.

Orders

  • The meaning of the words complained of to be tried as a preliminary issue.
  • Defence of justification struck out as disclosing no reasonable grounds.