Miller v Associated Newspapers Ltd [2010] EWHC 700 (QB) (31 March 2010)

Miller v Associated Newspapers Ltd [2010] EWHC 700 (QB) (31 March 2010)

The pleaded meanings put the matter too high and are not sustainable on the article's wording; however, the article is capable of reflecting adversely on the Claimant's character or integrity, and it is not perverse for a jury to find it defamatory; the action should not be struck out as a whole.

Citation
[2010] EWHC 700 (QB)
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 Applications
Defamation Media Law Libel Meaning of Defamatory Statements Strike Out Applications

Case Brief

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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. 1 Whether the article is capable of bearing the defamatory meanings pleaded by the Claimant
  2. 2 Whether the claim should be struck out as incapable of being defamatory of the Claimant

Ratio Decidendi

The pleaded meanings put the matter too high and are not sustainable on the article's wording; however, the article is capable of reflecting adversely on the Claimant's character or integrity, and it is not perverse for a jury to find it defamatory; the action should not be struck out as a whole.

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.