Bokova v Associated Newspapers Ltd

Bokova v Associated Newspapers Ltd

Following determination of actual meaning by the court, the Defendant may only plead substantial truth of those meanings and not alternative Lucas-Box meanings. Most particulars of truth pleaded by the Defendant are capable of proving substantial truth of the defamatory imputations and will not be struck out, except where they offend the repetition rule, rely on subjective third-party concerns, or are not tied to the actual meaning. Amendments to Lucas-Box meanings after determination of meaning are impermissible. Background context in mitigation of damages must be directly relevant and not based on reports or general reputation.

Parties
Claimant: Irina Bokova; Defendant: Associated Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
31 July 2018
Procedural Posture
Libel Proceedings / Ruling on Strike Out Application and Amendments to Defence
Outcome
Application to strike out paragraphs of Amended Defence and particulars of truth granted in part; most paragraphs retained; amendments to Lucas-Box meanings refused; permission to amend Defence granted for publication changes.
Legal Topics
Libel, Defence of Truth, Striking Out Pleadings, Case Management, Mitigation of Damages
Defamation Media Law Civil Procedure Libel Defence of Truth Striking Out Pleadings Case Management Mitigation of Damages

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 7 Authorities cited 33 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Irina Bokova

Claimant

Associated Newspapers Limited

Defendant

Procedural Posture

Libel Proceedings / Ruling on Strike Out Application and Amendments to Defence

Legal Issues

  1. 1 Whether paragraphs of the Amended Defence and particulars of truth should be struck out for failing to disclose reasonable grounds for defending the claim or being an abuse of process
  2. 2 Whether amendments to Lucas-Box meanings are permissible after determination of actual meaning
  3. 3 Whether particulars of truth are capable of proving substantial truth of defamatory imputations

Ratio Decidendi

Following determination of actual meaning by the court, the Defendant may only plead substantial truth of those meanings and not alternative Lucas-Box meanings. Most particulars of truth pleaded by the Defendant are capable of proving substantial truth of the defamatory imputations and will not be struck out, except where they offend the repetition rule, rely on subjective third-party concerns, or are not tied to the actual meaning. Amendments to Lucas-Box meanings after determination of meaning are impermissible. Background context in mitigation of damages must be directly relevant and not based on reports or general reputation.

Court Disposition

Application to strike out paragraphs of Amended Defence and particulars of truth granted in part; most paragraphs retained; amendments to Lucas-Box meanings refused; permission to amend Defence granted for publication changes.

Orders

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