Associated Newspapers Ltd. v Keith Burstein [2007] EWCA Civ 600 (22 June 2007)

Associated Newspapers Ltd. v Keith Burstein [2007] EWCA Civ 600 (22 June 2007)

The words complained of in the review are plainly comment, not fact, and are fair comment on a matter of public interest; the defence of fair comment must succeed and summary judgment should be entered for the defendant.

Source-derived case information.

Citation
[2007] EWCA Civ 600
Parties
Appellant: Associated Newspapers Limited; Respondent: Keith Burstein
Jurisdiction
England and Wales
Judgment Date
22 June 2007
Procedural Posture
Appeal (civil) / Appeal From Refusal of Summary Judgment in Libel Proceedings
Outcome
Appeal allowed; summary judgment entered for the defendant (Associated Newspapers Limited).
Legal Topics
Libel, Fair Comment, Summary Judgment, Defamatory Meaning, Public Interest
Defamation Media Law Libel Fair Comment Summary Judgment Defamatory Meaning Public Interest

Source-derived case record

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Parties

Associated Newspapers Limited

Appellant

Keith Burstein

Respondent

Procedural Posture

Appeal (civil) / Appeal From Refusal of Summary Judgment in Libel Proceedings

Legal Issues

  1. 1 Whether the words in the review are capable of bearing the defamatory meanings pleaded by the claimant
  2. 2 Whether the words are statements of fact or comment
  3. 3 Whether the defence of fair comment is made out

Ratio Decidendi

The words complained of in the review are plainly comment, not fact, and are fair comment on a matter of public interest; the defence of fair comment must succeed and summary judgment should be entered for the defendant.

Court Disposition

Appeal allowed; summary judgment entered for the defendant (Associated Newspapers Limited).

Orders

  • Summary judgment for the defendant
  • Claim dismissed