Morgan v Associated Newspapers Ltd

Morgan v Associated Newspapers Ltd

The article, as concerns the claimant, means 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 elements are not themselves defamatory; the defamatory sting is an expression of opinion, not fact.

Parties
Claimant: Steve Morgan CBE; Defendant: Associated Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
28 June 2018
Procedural Posture
Civil Defamation (libel) / Preliminary Issue Determination (meaning and Fact/opinion)
Outcome
Preliminary issues determined: meaning found and defamatory imputation held to be opinion, not fact.
Legal Topics
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

Civil Defamation (libel) / Preliminary Issue Determination (meaning and Fact/opinion)

  1. 1 What is the natural and ordinary meaning of the article as it concerns the claimant?
  2. 2 Are the defamatory imputations allegations of fact or expressions of opinion?

Ratio Decidendi

The article, as concerns the claimant, means 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 elements are not themselves defamatory; the defamatory sting is an expression of opinion, not fact.

Court Disposition

Preliminary issues determined: meaning found and defamatory imputation held to be opinion, not fact.

Orders

  • The meaning of the article as concerns the claimant is as set out in paragraph 16 of the judgment.
  • The defamatory imputation is an expression of opinion, not fact.