The Duke of Sussex v Associated Newspapers Ltd [2022] EWHC 1755 (QB) (08 July 2022)
The Article's natural and ordinary meaning is that the Claimant sought unjustifiably wide confidentiality restrictions, was responsible for misleading public statements about his willingness to pay for police protection, and attempted to mislead and confuse the public, which is defamatory at common law. The criticism regarding confidentiality is an expression of opinion, while the rest are factual allegations. The Article does not allege lying but spinning facts to mislead.
- Citation
- [2022] EWHC 1755
- Parties
- Claimant: The Duke of Sussex; Defendant: Associated Newspapers Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 08 July 2022
- Procedural Posture
- Libel Claim / Preliminary Issues Determination
- Outcome
- Preliminary issues determined; Article found to bear defamatory meaning at common law.
- Legal Topics
- Libel, Natural and Ordinary Meaning, Fact Vs Opinion, Defamatory at Common Law
Case Brief
Summary, issues, holding and outcome
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Parties
The Duke of Sussex
Claimant
Associated Newspapers Limited
Defendant
Procedural Posture
Libel Claim / Preliminary Issues Determination
Legal Issues
- 1 What is the natural and ordinary meaning of the Article?
- 2 Does the Article contain statements of fact or expressions of opinion?
- 3 Is the Article defamatory of the Claimant at common law?
Ratio Decidendi
The Article's natural and ordinary meaning is that the Claimant sought unjustifiably wide confidentiality restrictions, was responsible for misleading public statements about his willingness to pay for police protection, and attempted to mislead and confuse the public, which is defamatory at common law. The criticism regarding confidentiality is an expression of opinion, while the rest are factual allegations. The Article does not allege lying but spinning facts to mislead.
Court Disposition
Preliminary issues determined; Article found to bear defamatory meaning at common law.
Orders
- Defendant to file Defence; further proceedings to address substantive issues including serious harm and defences.
Full Case Text
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