Miller v Associated Newspapers Ltd [2003] EWHC 2799 (QB) (11 November 2003)

Miller v Associated Newspapers Ltd [2003] EWHC 2799 (QB) (11 November 2003)

The defence of qualified privilege was untenable because the information published lacked the necessary status, urgency, and verification to give rise to a social or moral duty to publish to the public at the material time. The amended plea of justification was properly pleaded and should proceed to trial. Costs should follow the event, with a detailed assessment and an interim payment ordered.

Citation
[2003] EWHC 2799
Parties
Claimant: Christopher John Miller; Defendant: Associated Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
11 November 2003
Procedural Posture
Libel Action / Application to Strike Out Defences of Justification and Qualified Privilege; Costs Determination
Outcome
Defence of qualified privilege struck out; amended plea of justification allowed to proceed; costs awarded to claimant with interim payment ordered; permission to appeal refused.
Legal Topics
Libel, Qualified Privilege, Justification, Public Interest, Costs
Defamation Media Law Libel Qualified Privilege Justification Public Interest Costs

Case Brief

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Parties

Christopher John Miller

Claimant

Associated Newspapers Limited

Defendant

Procedural Posture

Libel Action / Application to Strike Out Defences of Justification and Qualified Privilege; Costs Determination

Legal Issues

  1. 1 Whether the defence of qualified privilege is sustainable for the publication of allegedly defamatory articles about the claimant
  2. 2 Whether the amended plea of justification should be struck out
  3. 3 Appropriate costs orders following the outcome of the applications

Ratio Decidendi

The defence of qualified privilege was untenable because the information published lacked the necessary status, urgency, and verification to give rise to a social or moral duty to publish to the public at the material time. The amended plea of justification was properly pleaded and should proceed to trial. Costs should follow the event, with a detailed assessment and an interim payment ordered.

Court Disposition

Defence of qualified privilege struck out; amended plea of justification allowed to proceed; costs awarded to claimant with interim payment ordered; permission to appeal refused.

Orders

  • Defence of qualified privilege struck out
  • Amended plea of justification allowed to proceed to trial