Caplin v Associated Newspapers Ltd [2011] EWHC 1567 (QB) (20 June 2011)
The article is capable of bearing the pleaded defamatory meanings, specifically that there are reasonable grounds to suspect the Claimant will disclose the Blairs' sex secrets for financial reward and that massages given to Tony Blair involved sexual activity. The level of suspicion conveyed is one of 'reasonable grounds to suspect', not 'strong grounds'. The application to rule out the pleaded meanings is refused.
- Citation
- [2011] EWHC 1567
- Parties
- Claimant: Carole Caplin; Defendant: Associated Newspapers Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 20 June 2011
- Procedural Posture
- Libel Action (meaning Application) / Interlocutory Application for Ruling on Meaning and Defamatory Capability
- Outcome
- Defendant's application refused
- Legal Topics
- Libel, Meaning of Defamatory Statements, Interpretation of Publications, Reasonable Reader Test
Case Brief
Summary, issues, holding and outcome
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Parties
Carole Caplin
Claimant
Associated Newspapers Limited
Defendant
Procedural Posture
Libel Action (meaning Application) / Interlocutory Application for Ruling on Meaning and Defamatory Capability
Legal Issues
- 1 Whether the article is capable of bearing the defamatory meanings pleaded by the Claimant
- 2 Whether the article is capable of bearing any meaning defamatory of the Claimant
Ratio Decidendi
The article is capable of bearing the pleaded defamatory meanings, specifically that there are reasonable grounds to suspect the Claimant will disclose the Blairs' sex secrets for financial reward and that massages given to Tony Blair involved sexual activity. The level of suspicion conveyed is one of 'reasonable grounds to suspect', not 'strong grounds'. The application to rule out the pleaded meanings is refused.
Court Disposition
Defendant's application refused
Orders
- The article is capable of bearing the pleaded defamatory meanings, subject to the level of suspicion being 'reasonable grounds to suspect'.
- The issue of actual meaning is to be determined at trial.
Full Case Text
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