Curistan v Times Newspapers Ltd

Curistan v Times Newspapers Ltd

In hybrid articles containing both privileged and non-privileged material, the privileged passages are protected by qualified privilege if they are fair and accurate reports of parliamentary proceedings. The repetition rule does not apply to such passages; they serve only as context for the non-privileged material. The meaning of the non-privileged passages is to be determined independently, and in this case, the article bore a Chase level 2 meaning: there were reasonable grounds to suspect Mr Curistan of association with IRA dirty money and financial malpractice.

Parties
Appellant/respondent: Peter Curistan; Respondent/appellant: Times Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
30 April 2008
Procedural Posture
Civil Appeal (defamation) / Appeal From High Court Judgment on Preliminary Issues
Outcome
Mr Curistan's appeal dismissed; The Sunday Times' appeal allowed.
Legal Topics
Qualified Privilege, Repetition Rule, Single Meaning Rule, Reporting of Parliamentary Proceedings, Meaning in Defamation, Hybrid Publications
Defamation Media Law Qualified Privilege Repetition Rule Single Meaning Rule Reporting of Parliamentary Proceedings Meaning in Defamation Hybrid Publications

Case Brief

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Parties

Peter Curistan

Appellant/respondent

Times Newspapers Limited

Respondent/appellant

Procedural Posture

Civil Appeal (defamation) / Appeal From High Court Judgment on Preliminary Issues

Legal Issues

  1. 1 Whether the privileged passages in the article are protected by qualified privilege under section 15 of the Defamation Act 1996
  2. 2 Whether the repetition rule and single meaning rule apply to hybrid articles containing both privileged and non-privileged material
  3. 3 Whether the article bore a Chase level 1 or Chase level 2 meaning

Ratio Decidendi

In hybrid articles containing both privileged and non-privileged material, the privileged passages are protected by qualified privilege if they are fair and accurate reports of parliamentary proceedings. The repetition rule does not apply to such passages; they serve only as context for the non-privileged material. The meaning of the non-privileged passages is to be determined independently, and in this case, the article bore a Chase level 2 meaning: there were reasonable grounds to suspect Mr Curistan of association with IRA dirty money and financial malpractice.

Court Disposition

Mr Curistan's appeal dismissed; The Sunday Times' appeal allowed.

Orders

  • Privileged passages in the article are protected by qualified privilege.
  • Meaning of the article is Chase level 2: reasonable grounds to suspect association with IRA dirty money and financial malpractice.