Lowe v Associated Newspapers Ltd

Lowe v Associated Newspapers Ltd

The court ruled that a defendant is not confined to facts stated in the article for fair comment, provided the subject-matter is indicated and the facts existed and were known in general terms at publication. Pleadings must be particularised where allegations of dishonesty are made, and irrelevant or disproportionate particulars may be struck out. The 'single meaning' doctrine does not apply to fair comment.

Parties
Claimant: Rupert Lowe; Defendant: Associated Newspapers Ltd
Jurisdiction
England and Wales
Judgment Date
28 February 2006
Procedural Posture
Civil / Interlocutory Ruling on Strike Out and Pleading Amendments
Outcome
Partial strike-out and directions for further pleading amendments
Legal Topics
Fair Comment Defence, Justification Defence, Libel Pleadings, Strike Out Applications, Case Management, Freedom of Expression
Defamation Media Law Fair Comment Defence Justification Defence Libel Pleadings Strike Out Applications Case Management Freedom of Expression

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Parties

Rupert Lowe

Claimant

Associated Newspapers Ltd

Defendant

Procedural Posture

Civil / Interlocutory Ruling on Strike Out and Pleading Amendments

Legal Issues

  1. 1 Whether facts not stated in the article can be pleaded in support of fair comment
  2. 2 Extent of commentator's knowledge required for fair comment
  3. 3 Relevance and proportionality of pleaded particulars

Ratio Decidendi

The court ruled that a defendant is not confined to facts stated in the article for fair comment, provided the subject-matter is indicated and the facts existed and were known in general terms at publication. Pleadings must be particularised where allegations of dishonesty are made, and irrelevant or disproportionate particulars may be struck out. The 'single meaning' doctrine does not apply to fair comment.

Court Disposition

Partial strike-out and directions for further pleading amendments

Orders

  • Certain paragraphs and sub-paragraphs of the defence struck out as irrelevant or insufficiently particularised
  • Permission granted for amendment of pleadings subject to further clarification