Brown v Bower & Anor [2017] EWHC 2637 (QB) (31 October 2017)

Brown v Bower & Anor [2017] EWHC 2637 (QB) (31 October 2017)

The ordinary reasonable reader would understand the Book to mean that, at the date the News of the World made the allegation, there were grounds to suspect that the Claimant had paid young male prostitutes to subject him to consensual rough sex. The Book did not adopt or endorse the allegation as true, but took responsibility for its further dissemination. The meaning is not one of guilt, but of suspicion. The parties agreed that this meaning is defamatory at common law, so the Court did not rule on that issue.

Citation
[2017] EWHC 2637
Parties
Claimant: Nicholas Brown; First Defendant: Tom Bower; Second Defendant: Faber & Faber Limited
Jurisdiction
England and Wales
Judgment Date
31 October 2017
Procedural Posture
Libel Action / Preliminary Issues Trial (meaning and Whether Words Are Defamatory at Common Law)
Outcome
Meaning determined; question of whether meaning is defamatory adjourned.
Legal Topics
Libel, Meaning in Defamation, Repetition Rule, Defamatory Meaning, Chase Levels, Common Law Defamation, Context in Defamation, Serious Harm, Public Figure Standards
Defamation Media Law Libel Meaning in Defamation Repetition Rule Defamatory Meaning Chase Levels Common Law Defamation +3 more

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Parties

Nicholas Brown

Claimant

Tom Bower

First Defendant

Faber & Faber Limited

Second Defendant

Procedural Posture

Libel Action / Preliminary Issues Trial (meaning and Whether Words Are Defamatory at Common Law)

Legal Issues

  1. 1 What is the natural and ordinary meaning of the words complained of in the Book as they concern the Claimant?
  2. 2 Are the words, in that meaning, defamatory at common law?

Ratio Decidendi

The ordinary reasonable reader would understand the Book to mean that, at the date the News of the World made the allegation, there were grounds to suspect that the Claimant had paid young male prostitutes to subject him to consensual rough sex. The Book did not adopt or endorse the allegation as true, but took responsibility for its further dissemination. The meaning is not one of guilt, but of suspicion. The parties agreed that this meaning is defamatory at common law, so the Court did not rule on that issue.

Court Disposition

Meaning determined; question of whether meaning is defamatory adjourned.

Orders

  • The meaning of the words complained of is: at the date the News of the World made the allegation, there were grounds to suspect that the Claimant had paid young male prostitutes to subject him to consensual rough sex.
  • The question of whether this meaning is defamatory at common law is adjourned for possible future determination.