Miller v Associated Newspapers Ltd
The pleaded meanings of corruption and conscious incompetence are outside the permissible range and are struck out, but the article is capable of reflecting adversely on the Claimant’s character or integrity and the action should not be struck out as a whole.
- Parties
- Claimant: Andrew James Miller; Defendant: Associated Newspapers Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 31 March 2010
- Procedural Posture
- Libel / Application for Ruling on Meaning Under CPR 53 PD 4.1
- Outcome
- First and second pleaded meanings struck out; action not struck out as a whole.
- Legal Topics
- Libel, Meaning of Defamatory Statements, Strike Out Application
Case Brief
Summary, issues, holding and outcome
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Parties
Andrew James Miller
Claimant
Associated Newspapers Limited
Defendant
Procedural Posture
Libel / Application for Ruling on Meaning Under CPR 53 PD 4.1
Legal Issues
- 1 Whether the article is capable of bearing defamatory meanings pleaded by the Claimant
- 2 Whether the claim should be struck out as incapable of reflecting adversely on the Claimant
Ratio Decidendi
The pleaded meanings of corruption and conscious incompetence are outside the permissible range and are struck out, but the article is capable of reflecting adversely on the Claimant’s character or integrity and the action should not be struck out as a whole.
Court Disposition
First and second pleaded meanings struck out; action not struck out as a whole.
Orders
- First pleaded meaning struck out.
- Second pleaded meaning struck out.
Full Case Text
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