Sivier v Riley

Sivier v Riley

The judge erred in striking out the public interest defence by relying on the failure of the truth defence and by assessing reasonableness with reference to facts not pleaded or known to the defendant at publication. The defence as pleaded was imperfect but not so deficient as to justify summary striking out. The public interest defence should proceed to trial for proper assessment.

Parties
Appellant/defendant: Michael Sivier; Respondent/claimant: Rachel Riley
Jurisdiction
England and Wales
Judgment Date
14 May 2021
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Striking Out Defence
Outcome
Appeal allowed
Legal Topics
Public Interest Defence, Striking Out Pleadings, Reasonable Belief, Defamation Act 2013, Editorial Judgement
Defamation Media Law Public Interest Defence Striking Out Pleadings Reasonable Belief Defamation Act 2013 Editorial Judgement

Case Brief

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Parties

Michael Sivier

Appellant/defendant

Rachel Riley

Respondent/claimant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Striking Out Defence

Legal Issues

  1. 1 Whether the public interest defence under s 4 Defamation Act 2013 was properly struck out
  2. 2 Whether the defence disclosed a reasonable basis for belief that publication was in the public interest
  3. 3 Whether the judge erred in treating the failure of the truth defence as dispositive of the public interest defence

Ratio Decidendi

The judge erred in striking out the public interest defence by relying on the failure of the truth defence and by assessing reasonableness with reference to facts not pleaded or known to the defendant at publication. The defence as pleaded was imperfect but not so deficient as to justify summary striking out. The public interest defence should proceed to trial for proper assessment.

Court Disposition

Appeal allowed

Orders

  • Order striking out the public interest defence set aside
  • Ms Riley's application to strike out the public interest defence dismissed