Riley v Sivier [2023] EWCA Civ 71 (01 February 2023)

Riley v Sivier [2023] EWCA Civ 71 (01 February 2023)

The judge's findings on the reasonableness of Mr Sivier's belief were within the range reasonably open to her; no arguable error of law or fact was established; editorial judgment was irrelevant given the absence of reasonable grounds; no procedural irregularity occurred.

Citation
[2023] EWCA Civ 71
Parties
Claimant/respondent: Rachel Riley; Defendant/appellant: Michael Sivier
Jurisdiction
England and Wales
Judgment Date
01 February 2023
Procedural Posture
Libel Appeal / Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Public Interest Defence, Serious Harm, Editorial Judgment, Procedural Irregularity
Defamation Media Law Public Interest Defence Serious Harm Editorial Judgment Procedural Irregularity

Case Brief

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Parties

Rachel Riley

Claimant/respondent

Michael Sivier

Defendant/appellant

Procedural Posture

Libel Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the judge failed to consider all circumstances under s 4(2) Defamation Act 2013
  2. 2 Whether allowance for editorial judgment was properly made under s 4(4) Defamation Act 2013
  3. 3 Whether there was a serious procedural irregularity in the judge's findings

Ratio Decidendi

The judge's findings on the reasonableness of Mr Sivier's belief were within the range reasonably open to her; no arguable error of law or fact was established; editorial judgment was irrelevant given the absence of reasonable grounds; no procedural irregularity occurred.

Court Disposition

Permission to appeal refused

Orders

  • Stay of execution on costs and damages lifted
  • No retrial ordered