Rothschild v Associated Newspapers Ltd [2011] EWHC 3462 (QB) (21 December 2011)

Rothschild v Associated Newspapers Ltd [2011] EWHC 3462 (QB) (21 December 2011)

The article is capable of bearing the amended defamatory meanings proposed by the defendant, which include wider allegations about the inappropriateness of Lord Mandelson's relationship with Mr Deripaska and the claimant's facilitating role, not confined to the dinner. The defendant has a real prospect of success in proving the truth of the amended meanings at trial. Permission to amend the defence is granted; the applications to strike out the defences are dismissed.

Citation
[2011] EWHC 3462 (QB)
Parties
Claimant: Nathaniel Philip Victor James Rothschild; Defendant: Associated Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
21 December 2011
Procedural Posture
Libel Action / Pre Trial Review; Applications to Strike Out Defences, Amend Defence, and Vary Mode of Trial
Outcome
Permission to amend defence granted; applications to strike out defences dismissed.
Legal Topics
Libel, Justification (truth), Honest Comment, Meaning of Words, Case Management, Amendment of Pleadings
Defamation Media Law Libel Justification (truth) Honest Comment Meaning of Words Case Management Amendment of Pleadings

Case Brief

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Parties

Nathaniel Philip Victor James Rothschild

Claimant

Associated Newspapers Limited

Defendant

Procedural Posture

Libel Action / Pre Trial Review; Applications to Strike Out Defences, Amend Defence, and Vary Mode of Trial

Legal Issues

  1. 1 Whether the article is capable of bearing the amended defamatory meanings proposed by the defendant
  2. 2 Whether the defendant has a real prospect of succeeding in proving the truth of the amended meanings
  3. 3 Whether permission to amend the defence should be refused on case management grounds

Ratio Decidendi

The article is capable of bearing the amended defamatory meanings proposed by the defendant, which include wider allegations about the inappropriateness of Lord Mandelson's relationship with Mr Deripaska and the claimant's facilitating role, not confined to the dinner. The defendant has a real prospect of success in proving the truth of the amended meanings at trial. Permission to amend the defence is granted; the applications to strike out the defences are dismissed.

Court Disposition

Permission to amend defence granted; applications to strike out defences dismissed.

Orders

  • Defendant granted permission to amend its defence as proposed.
  • Claimant's applications to strike out the defences of justification and honest comment are dismissed.