Sivier v Riley [2021] EWCA Civ 713 (14 May 2021)

Sivier v Riley [2021] EWCA Civ 713 (14 May 2021)

The judge erred in striking out the public interest defence solely on the basis that the truth defence failed; the public interest defence is not conditional on proof of truth, and the Defence as pleaded was not so deficient as to justify summary strike-out. The appropriate course is for the public interest defence to be assessed at trial.

Citation
[2021] EWCA Civ 713
Parties
Appellant/defendant: Michael Sivier; Respondent/claimant: Rachel Riley
Jurisdiction
England and Wales
Judgment Date
14 May 2021
Procedural Posture
Appeal (civil) / Appeal From High Court Decision on Strike Out of Defences in Libel Action
Outcome
Appeal allowed
Legal Topics
Libel, Defamation Act 2013, Public Interest Defence, Strike Out Applications, Pleading Requirements
Defamation Media Law Libel Defamation Act 2013 Public Interest Defence Strike Out Applications Pleading Requirements

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Parties

Michael Sivier

Appellant/defendant

Rachel Riley

Respondent/claimant

Procedural Posture

Appeal (civil) / Appeal From High Court Decision on Strike Out of Defences in Libel Action

Legal Issues

  1. 1 Whether the public interest defence under s 4 of the Defamation Act 2013 was properly struck out without trial
  2. 2 Whether the defence of public interest requires proof of truth of the underlying facts
  3. 3 Whether the pleaded defence disclosed a reasonable basis for the public interest defence

Ratio Decidendi

The judge erred in striking out the public interest defence solely on the basis that the truth defence failed; the public interest defence is not conditional on proof of truth, and the Defence as pleaded was not so deficient as to justify summary strike-out. The appropriate course is for the public interest defence to be assessed at trial.

Court Disposition

Appeal allowed

Orders

  • Order striking out the public interest defence set aside
  • Order dismissing that aspect of Ms Riley's application substituted