Morgan v Associated Newspapers Ltd [2018] EWHC 1850 (QB) (28 June 2018)

Morgan v Associated Newspapers Ltd [2018] EWHC 1850 (QB) (28 June 2018)

The article's meaning as to the claimant is that he took advantage of an opportunity to purchase six houses intended for less-well-off buyers after planning rules were changed, purchased them at a substantial discount for personal gain, and thereby exploited his position in a greedy, unethical, and morally unacceptable way. The factual allegations are not themselves defamatory; the defamatory sting is an expression of opinion, clearly flagged as such and attributed to third parties, and would be recognised as opinion by the ordinary reasonable reader.

Citation
[2018] EWHC 1850
Parties
Claimant: Steve Morgan CBE; Defendant: Associated Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
28 June 2018
Procedural Posture
Libel Claim / Preliminary Issues Determination (meaning and Fact/opinion)
Outcome
Preliminary issues determined: meaning found as set out; defamatory imputation is opinion, not fact.
Legal Topics
Libel, Meaning of Defamatory Statements, Fact Vs Opinion, Case Management in Defamation
Defamation Media Law Libel Meaning of Defamatory Statements Fact Vs Opinion Case Management in Defamation

Case Brief

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Parties

Steve Morgan CBE

Claimant

Associated Newspapers Limited

Defendant

Procedural Posture

Libel Claim / Preliminary Issues Determination (meaning and Fact/opinion)

Legal Issues

  1. 1 What is the natural and ordinary meaning of the words complained of in the article as they relate to the claimant?
  2. 2 Are the defamatory imputations allegations of fact or expressions of opinion?

Ratio Decidendi

The article's meaning as to the claimant is that he took advantage of an opportunity to purchase six houses intended for less-well-off buyers after planning rules were changed, purchased them at a substantial discount for personal gain, and thereby exploited his position in a greedy, unethical, and morally unacceptable way. The factual allegations are not themselves defamatory; the defamatory sting is an expression of opinion, clearly flagged as such and attributed to third parties, and would be recognised as opinion by the ordinary reasonable reader.

Court Disposition

Preliminary issues determined: meaning found as set out; defamatory imputation is opinion, not fact.

Orders

  • Meaning of the article as to the claimant determined as set out in the judgment.
  • Defamatory imputation identified as expression of opinion.