Miller v Associated Newspapers Ltd [2010] EWHC 700 (QB) (31 March 2010)
The pleaded meanings alleging corruption and knowing incompetence put the matter too high and are not meanings the article is capable of bearing; however, the article is capable of reflecting adversely on the Claimant's character or integrity and the action should not be struck out at this stage.
- Citation
- [2010] EWHC 700
- Parties
- Claimant: Andrew James Miller; Defendant: Associated Newspapers Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 31 March 2010
- Procedural Posture
- Libel Action / Application for Ruling on Meaning Under CPR 53 PD 4.1
- Outcome
- First and second pleaded meanings struck out; action not struck out as a whole.
- Legal Topics
- Libel, Meaning of Defamatory Statements, Strike Out Application
Case Brief
Summary, issues, holding and outcome
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Parties
Andrew James Miller
Claimant
Associated Newspapers Limited
Defendant
Procedural Posture
Libel Action / Application for Ruling on Meaning Under CPR 53 PD 4.1
Legal Issues
- 1 Whether the article is capable of bearing the defamatory meanings pleaded by the Claimant
- 2 Whether the claim should be struck out as incapable of being defamatory of the Claimant
Ratio Decidendi
The pleaded meanings alleging corruption and knowing incompetence put the matter too high and are not meanings the article is capable of bearing; however, the article is capable of reflecting adversely on the Claimant's character or integrity and the action should not be struck out at this stage.
Court Disposition
First and second pleaded meanings struck out; action not struck out as a whole.
Orders
- First pleaded meaning struck out.
- Second pleaded meaning struck out.
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