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 meanings pleaded by the defendant, and the defendant has a real prospect of proving their truth. Permission to amend the defence is granted, and the case may proceed to trial on the amended basis.

Citation
[2011] EWHC 3462
Parties
Claimant: Nathaniel Philip Victor James Rothschild; Defendant: Associated Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
21 December 2011
Procedural Posture
Libel / Pre Trial Review
Outcome
Permission to amend defence granted; case to proceed to trial on amended basis.
Legal Topics
Libel, Justification, Honest Comment, Case Management, Meaning of Words
Defamation Media Law Libel Justification Honest Comment Case Management Meaning of Words

Case Brief

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Parties

Nathaniel Philip Victor James Rothschild

Claimant

Associated Newspapers Limited

Defendant

Procedural Posture

Libel / Pre Trial Review

Legal Issues

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

Ratio Decidendi

The article is capable of bearing the amended meanings pleaded by the defendant, and the defendant has a real prospect of proving their truth. Permission to amend the defence is granted, and the case may proceed to trial on the amended basis.

Court Disposition

Permission to amend defence granted; case to proceed to trial on amended basis.

Orders

  • Defendant's application to amend defence allowed
  • Claimant's application to strike out justification and honest comment defences dismissed