Lowe v Associated Newspapers Ltd [2006] EWHC 320 (QB) (28 February 2006)

Lowe v Associated Newspapers Ltd [2006] EWHC 320 (QB) (28 February 2006)

The defence of fair comment is not limited to facts stated or indicated in the words complained of; a defendant may plead extrinsic facts to support the comment, provided the subject-matter is plainly stated and is a matter of public interest. The 'single meaning' rule does not apply to fair comment. The claimant's application to strike out the defendant's particulars on the ground that they were not stated in the article is rejected.

Citation
[2006] EWHC 320 (QB)
Parties
Claimant: Rupert Lowe; Defendant: Associated Newspapers Ltd
Jurisdiction
England and Wales
Judgment Date
28 February 2006
Procedural Posture
Libel Action / Interlocutory Applications Regarding Pleadings and Scope of Fair Comment Defence
Outcome
Claimant's application to strike out particulars of fair comment and justification on the ground that they were not stated in the article is dismissed.
Legal Topics
Fair Comment Defence, Justification Defence, Pleading Requirements, Public Interest, Distinction Between Fact and Comment
Defamation Media Law Fair Comment Defence Justification Defence Pleading Requirements Public Interest Distinction Between Fact and Comment

Case Brief

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Parties

Rupert Lowe

Claimant

Associated Newspapers Ltd

Defendant

Procedural Posture

Libel Action / Interlocutory Applications Regarding Pleadings and Scope of Fair Comment Defence

Legal Issues

  1. 1 Whether the defence of fair comment requires all supporting facts to be stated or indicated in the words complained of
  2. 2 Whether the defendant may plead extrinsic facts not stated in the article to support fair comment
  3. 3 Whether the 'single meaning' rule applies to fair comment

Ratio Decidendi

The defence of fair comment is not limited to facts stated or indicated in the words complained of; a defendant may plead extrinsic facts to support the comment, provided the subject-matter is plainly stated and is a matter of public interest. The 'single meaning' rule does not apply to fair comment. The claimant's application to strike out the defendant's particulars on the ground that they were not stated in the article is rejected.

Court Disposition

Claimant's application to strike out particulars of fair comment and justification on the ground that they were not stated in the article is dismissed.

Orders

  • Defendant permitted to plead extrinsic facts in support of fair comment, subject to other objections as to relevance or proportionality.
  • Further applications regarding the shape of the reply and disclosure to be determined later.