Brown v Bower & Anor [2017] EWHC 1388 (QB) (19 June 2017)

Brown v Bower & Anor [2017] EWHC 1388 (QB) (19 June 2017)

It is just and convenient to order a preliminary trial of meaning and defamatory tendency, as these issues are narrow, can be resolved quickly, and may dispose of the case or narrow the issues. It is not just or convenient to order a preliminary trial of serious harm or Jameel abuse in this case, as such a trial would likely complicate, delay, and increase costs, with substantial factual and legal disputes and uncertain benefit. Defendants are not entitled to withhold indication of substantive defences until after preliminary issues are determined.

Citation
[2017] EWHC 1388 (QB)
Parties
Claimant: Nicholas Hugh Brown; First Defendant: Tom Bower; Second Defendant: Faber & Faber Limited
Jurisdiction
England and Wales
Judgment Date
19 June 2017
Procedural Posture
Libel Action (defamation) / Application for Trial of Preliminary Issues Before Service of Defence
Outcome
Application granted in part; preliminary trial of meaning and defamatory tendency ordered; application for preliminary trial of serious harm and Jameel abuse refused.
Legal Topics
Preliminary Issues, Meaning of Defamatory Statements, Serious Harm Requirement, Abuse of Process (jameel Abuse), Case Management, Offer of Amends Regime
Defamation Media Law Civil Procedure Preliminary Issues Meaning of Defamatory Statements Serious Harm Requirement Abuse of Process (jameel Abuse) Case Management +1 more

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Parties

Nicholas Hugh Brown

Claimant

Tom Bower

First Defendant

Faber & Faber Limited

Second Defendant

Procedural Posture

Libel Action (defamation) / Application for Trial of Preliminary Issues Before Service of Defence

Legal Issues

  1. 1 Whether to order a preliminary trial of meaning and defamatory tendency
  2. 2 Whether to order a preliminary trial of serious harm under s 1 Defamation Act 2013
  3. 3 Whether to order a preliminary trial of Jameel abuse

Ratio Decidendi

It is just and convenient to order a preliminary trial of meaning and defamatory tendency, as these issues are narrow, can be resolved quickly, and may dispose of the case or narrow the issues. It is not just or convenient to order a preliminary trial of serious harm or Jameel abuse in this case, as such a trial would likely complicate, delay, and increase costs, with substantial factual and legal disputes and uncertain benefit. Defendants are not entitled to withhold indication of substantive defences until after preliminary issues are determined.

Court Disposition

Application granted in part; preliminary trial of meaning and defamatory tendency ordered; application for preliminary trial of serious harm and Jameel abuse refused.

Orders

  • Preliminary trial of meaning and defamatory tendency to be conducted.
  • No preliminary trial of serious harm or Jameel abuse to be ordered.