Bokova v Associated Newspapers Ltd [2018] EWHC 2032 (QB) (31 July 2018)

Bokova v Associated Newspapers Ltd [2018] EWHC 2032 (QB) (31 July 2018)

Once the court has determined the actual meaning of the words complained of as a preliminary issue, the defendant is not entitled to plead or rely on alternative Lucas-Box meanings. The only permissible defence of truth is to plead and seek to prove the substantial truth of the actual meanings found by the court. Any particulars of truth or mitigation paragraphs that are incapable of supporting the actual meanings, are irrelevant, or breach procedural rules must be struck out. The court must ensure that pleadings are confined to the real issues and do not obstruct the just disposal of proceedings.

Citation
[2018] EWHC 2032 (QB)
Parties
Claimant: Irina Bokova; Defendant: Associated Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
31 July 2018
Procedural Posture
Libel Proceedings (defamation) / Interlocutory Application—determination of Meaning as Preliminary Issue and Application to Strike Out Parts of Amended Defence and Particulars of Truth
Outcome
Application granted in part; certain paragraphs of the amended defence and particulars of truth struck out; permission to amend refused for Lucas-Box meanings inconsistent with the court's determination; other parts of the defence and particulars of truth allowed to stand.
Legal Topics
Libel, Defence of Truth, Striking Out Pleadings, Meaning of Publication, Mitigation of Damages, Case Management in Defamation, Lucas Box Meanings, Repetition Rule
Defamation Media Law Civil Procedure Libel Defence of Truth Striking Out Pleadings Meaning of Publication Mitigation of Damages +3 more

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Parties

Irina Bokova

Claimant

Associated Newspapers Limited

Defendant

Procedural Posture

Libel Proceedings (defamation) / Interlocutory Application—determination of Meaning as Preliminary Issue and Application to Strike Out Parts of Amended Defence and Particulars of Truth

Legal Issues

  1. 1 Whether the defendant can maintain Lucas-Box meanings after judicial determination of actual meaning
  2. 2 Whether particulars of truth in the amended defence are capable of proving the substantial truth of the imputations found by the court
  3. 3 Whether certain particulars of truth and mitigation paragraphs should be struck out as incapable, irrelevant, or abusive

Ratio Decidendi

Once the court has determined the actual meaning of the words complained of as a preliminary issue, the defendant is not entitled to plead or rely on alternative Lucas-Box meanings. The only permissible defence of truth is to plead and seek to prove the substantial truth of the actual meanings found by the court. Any particulars of truth or mitigation paragraphs that are incapable of supporting the actual meanings, are irrelevant, or breach procedural rules must be struck out. The court must ensure that pleadings are confined to the real issues and do not obstruct the just disposal of proceedings.

Court Disposition

Application granted in part; certain paragraphs of the amended defence and particulars of truth struck out; permission to amend refused for Lucas-Box meanings inconsistent with the court's determination; other parts of the defence and particulars of truth allowed to stand.

Orders

  • Paragraphs 6(1) to 6(4) of the Amended Defence struck out.
  • Permission to amend Lucas-Box meanings refused.