Branson v Bower [2001] EWCA Civ 791 (24 May 2001)

Branson v Bower [2001] EWCA Civ 791 (24 May 2001)

The words complained of, when read in the context of the article as a whole, are comment and not capable of being statements of fact. The judge was entitled to conclude that the respondent was expressing opinions about the motives of the appellant, based on inferences from facts set out in the article. No reasonable jury could conclude otherwise.

Citation
[2001] EWCA Civ 791
Parties
Appellant: Branson; Respondent: Bower
Jurisdiction
England and Wales
Judgment Date
24 May 2001
Procedural Posture
Interlocutory Appeal in Libel Proceedings / Appeal From Queen's Bench Division, Decision on Preliminary Issue
Outcome
Appeal dismissed
Legal Topics
Fair Comment, Justification, Qualified Privilege, Article 10 ECHR, Libel, Distinction Between Fact and Comment
Defamation Media Law Human Rights Fair Comment Justification Qualified Privilege Article 10 ECHR Libel +1 more

Case Brief

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Parties

Branson

Appellant

Bower

Respondent

Procedural Posture

Interlocutory Appeal in Libel Proceedings / Appeal From Queen's Bench Division, Decision on Preliminary Issue

Legal Issues

  1. 1 Whether the words complained of are comment or fact
  2. 2 Whether the assertion as to motive is capable of being defamatory
  3. 3 Impact of Article 10 ECHR on domestic defamation law

Ratio Decidendi

The words complained of, when read in the context of the article as a whole, are comment and not capable of being statements of fact. The judge was entitled to conclude that the respondent was expressing opinions about the motives of the appellant, based on inferences from facts set out in the article. No reasonable jury could conclude otherwise.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs, detailed assessment