The Duke of Sussex v Associated Newspapers Limited

The Duke of Sussex v Associated Newspapers Limited

The Defendant's honest opinion defence has a real prospect of success and is not bound to fail. The meaning of the article, as found by the Court, can be read as referring to an offer made to the Government, not the Sandringham offer. The Defendant is entitled to seek to prove that the Claimant had not made such an...

Source-derived case information.

Parties
Claimant: The Duke of Sussex; Defendant: Associated Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Civil Defamation (libel) / Interlocutory Application (strike Out/summary Judgment of Defence)
Outcome
Application dismissed
Legal Topics
Honest Opinion Defence, Summary Judgment, Striking Out Pleadings, Freedom of Expression, Interpretation of Defamatory Meaning
Defamation Media Law Civil Procedure Honest Opinion Defence Summary Judgment Striking Out Pleadings Freedom of Expression Interpretation of Defamatory Meaning

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Parties

The Duke of Sussex

Claimant

Associated Newspapers Limited

Defendant

Procedural Posture

Civil Defamation (libel) / Interlocutory Application (strike Out/summary Judgment of Defence)

Legal Issues

  1. 1 Whether the Defendant's honest opinion defence should be struck out or summarily dismissed in a libel claim
  2. 2 Whether the facts relied on by the Defendant are capable of supporting the honest opinion defence under s.3(4)(a) Defamation Act 2013
  3. 3 Whether the case is a 'single fact' case such that failure of a key fact is fatal to the defence

Ratio Decidendi

The Defendant's honest opinion defence has a real prospect of success and is not bound to fail. The meaning of the article, as found by the Court, can be read as referring to an offer made to the Government, not the Sandringham offer. The Defendant is entitled to seek to prove that the Claimant had not made such an offer to the Government prior to the judicial review claim. The case is not a 'single fact' case, and the Defendant has a real prospect of establishing that the public statements were misleading and that an honest person could have held the opinion expressed. Therefore, the applications to strike out or summarily dismiss the defence are refused.

Court Disposition

Application dismissed

Orders

  • The Claimant's application to strike out the honest opinion defence is refused.
  • The Claimant's application for summary judgment dismissing the honest opinion defence is refused.