Caplin v Associated Newspapers Ltd

Caplin v Associated Newspapers Ltd

The article, read as a whole and applying the reasonable reader test, is capable of bearing the defamatory meanings pleaded by the Claimant, subject to the level of suspicion being 'reasonable grounds to suspect' rather than 'strong grounds to suspect'. The Defendant's application to rule out the pleaded meanings is refused.

Parties
Claimant: Carole Caplin; Defendant: Associated Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
20 June 2011
Procedural Posture
Civil Libel / Interlocutory Application on Meaning (cpr PD 53 Para 4.1)
Outcome
Defendant's application refused
Legal Topics
Libel, Meaning of Defamatory Statements, Reasonable Reader Test, Bane and Antidote, Level of Suspicion in Defamation
Defamation Media Law Libel Meaning of Defamatory Statements Reasonable Reader Test Bane and Antidote Level of Suspicion in Defamation

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Parties

Carole Caplin

Claimant

Associated Newspapers Limited

Defendant

Procedural Posture

Civil Libel / Interlocutory Application on Meaning (cpr PD 53 Para 4.1)

Legal Issues

  1. 1 Are the words complained of capable of bearing the defamatory meanings pleaded by the Claimant?
  2. 2 Are the words capable of bearing any meaning defamatory of the Claimant?

Ratio Decidendi

The article, read as a whole and applying the reasonable reader test, is capable of bearing the defamatory meanings pleaded by the Claimant, subject to the level of suspicion being 'reasonable grounds to suspect' rather than 'strong grounds to suspect'. The Defendant's application to rule out the pleaded meanings is refused.

Court Disposition

Defendant's application refused

Orders

  • The words complained of are capable of bearing the defamatory meanings pleaded by the Claimant, subject to the level of suspicion being 'reasonable grounds to suspect'.
  • The case will proceed to trial for determination of actual meaning and liability.