RACHEL RILEY v MICHAEL SIVIER

RACHEL RILEY v MICHAEL SIVIER

The appellant failed to show any arguable error in the judge's rejection of the public interest defence; the judge's findings on the unreasonableness of the appellant's belief and lack of reasonable grounds were open to her on the evidence, and no procedural or legal error was established.

Parties
Claimant/respondent: Rachel Riley; Defendant/appellant: Michael Sivier
Jurisdiction
England and Wales
Judgment Date
01 February 2023
Procedural Posture
Civil Appeal / Application for Permission to Appeal After Trial Judgment
Outcome
Permission to appeal refused
Legal Topics
Public Interest Defence, Reasonableness of Belief, Editorial Judgment, Findings of Fact, Procedural Irregularity
Defamation Media Law Public Interest Defence Reasonableness of Belief Editorial Judgment Findings of Fact Procedural Irregularity

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Parties

Rachel Riley

Claimant/respondent

Michael Sivier

Defendant/appellant

Procedural Posture

Civil Appeal / Application for Permission to Appeal After Trial Judgment

Legal Issues

  1. 1 Whether the trial judge erred in rejecting the public interest defence under s 4 of the Defamation Act 2013
  2. 2 Whether the judge failed to consider all circumstances as required by s 4(2)
  3. 3 Whether the judge failed to make allowance for editorial judgment under s 4(4)

Ratio Decidendi

The appellant failed to show any arguable error in the judge's rejection of the public interest defence; the judge's findings on the unreasonableness of the appellant's belief and lack of reasonable grounds were open to her on the evidence, and no procedural or legal error was established.

Court Disposition

Permission to appeal refused