RBOS Shareholders Action Group Ltd v News Group Newspapers Ltd & Anor [2014] EWHC 130 (QB) (04 February 2014)

RBOS Shareholders Action Group Ltd v News Group Newspapers Ltd & Anor [2014] EWHC 130 (QB) (04 February 2014)

The natural and ordinary meaning of the words complained of is that it is strongly to be suspected that the Claimant company is being controlled and used by Gerard Walsh as a conduit for the fraudulent misappropriation of funds contributed by its members for his own personal benefit; this meaning is defamatory of the Claimant and meets the threshold of seriousness.

Citation
[2014] EWHC 130 (QB)
Parties
Claimant: RBOS Shareholders Action Group Ltd; First Defendant: News Group Newspapers Ltd; Second Defendant: Christopher Musson
Jurisdiction
England and Wales
Judgment Date
04 February 2014
Procedural Posture
Libel Action / Application for Preliminary Determination of Meaning
Outcome
Application granted; court determines the defamatory meaning as stated.
Legal Topics
Meaning in Defamation, Threshold of Seriousness, Abuse of Process, Corporate Reputation
Defamation Media Law Civil Procedure Meaning in Defamation Threshold of Seriousness Abuse of Process Corporate Reputation

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Parties

RBOS Shareholders Action Group Ltd

Claimant

News Group Newspapers Ltd

First Defendant

Christopher Musson

Second Defendant

Procedural Posture

Libel Action / Application for Preliminary Determination of Meaning

Legal Issues

  1. 1 What is the natural and ordinary meaning of the words complained of?
  2. 2 Is the meaning defamatory of the Claimant?
  3. 3 Does the meaning meet the threshold of seriousness for actionable defamation?

Ratio Decidendi

The natural and ordinary meaning of the words complained of is that it is strongly to be suspected that the Claimant company is being controlled and used by Gerard Walsh as a conduit for the fraudulent misappropriation of funds contributed by its members for his own personal benefit; this meaning is defamatory of the Claimant and meets the threshold of seriousness.

Court Disposition

Application granted; court determines the defamatory meaning as stated.

Orders

  • Court finds the natural and ordinary meaning of the words complained of as specified.
  • Court does not accept the higher degree of likelihood contended by Claimant.