Murray v Associated Newspapers Ltd [2014] EWHC 1170 (QB) (15 April 2014)
Permission to read a unilateral statement in open court should be granted unless there is sufficient reason to refuse; objections by the defendant do not constitute sufficient reason in this case, and the claimant's right to freedom of expression is engaged. Matters relevant to aggravation of damages may be included in the statement.
- Citation
- [2014] EWHC 1170
- Parties
- Claimant: Joanne Kathleen Murray; Defendant: Associated Newspapers Ltd
- Jurisdiction
- England and Wales
- Judgment Date
- 15 April 2014
- Procedural Posture
- Libel Proceedings / Application for Permission to Read Unilateral Statement in Open Court Following Acceptance of Offer of Amends
- Outcome
- Permission granted to claimant to read unilateral statement in open court.
- Legal Topics
- Offer of Amends, Unilateral Statement in Open Court, Aggravated Damages, Freedom of Expression
Case Brief
Summary, issues, holding and outcome
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Parties
Joanne Kathleen Murray
Claimant
Associated Newspapers Ltd
Defendant
Procedural Posture
Libel Proceedings / Application for Permission to Read Unilateral Statement in Open Court Following Acceptance of Offer of Amends
Legal Issues
- 1 Whether the claimant should be permitted to read a unilateral statement in open court after accepting an offer of amends under the Defamation Act 1996
- 2 Whether the defendant is entitled to object to the contents of the unilateral statement
- 3 Scope of matters permitted in unilateral statement relating to aggravation of damages
Ratio Decidendi
Permission to read a unilateral statement in open court should be granted unless there is sufficient reason to refuse; objections by the defendant do not constitute sufficient reason in this case, and the claimant's right to freedom of expression is engaged. Matters relevant to aggravation of damages may be included in the statement.
Court Disposition
Permission granted to claimant to read unilateral statement in open court.
Orders
- Permission granted to Joanne Kathleen Murray to read the unilateral statement in open court in the form submitted with her application notice.
- Matter decided on paper; no oral hearing granted.
Full Case Text
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