Miah v British Broadcasting Corporation (BBC) [2018] EWHC 1054 (QB) (08 May 2018)

Miah v British Broadcasting Corporation (BBC) [2018] EWHC 1054 (QB) (08 May 2018)

Parts of the Defence that rely on third party opinions, the fact of investigation, or post-publication events are irrelevant and inadmissible to a Chase Level 2 defence of truth in libel. Only facts relating to the claimant's conduct are relevant. The Defence must be struck out to the extent it offends these principles. Expert evidence should be limited to factual explanation of the QOF system, not the claimant's compliance.

Citation
[2018] EWHC 1054 (QB)
Parties
Claimant: Dr Rina Miah; Defendant: British Broadcasting Corporation
Jurisdiction
England and Wales
Judgment Date
08 May 2018
Procedural Posture
Libel and Related Claims (misuse of Private Information, Data Protection) / Interlocutory Application to Strike Out Parts of Defence
Outcome
Application granted in substantial part; specified paragraphs of Defence struck out; costs reserved.
Legal Topics
Libel, Misuse of Private Information, Data Protection Act 1998, Defamation Act 2013, Pleading Standards, Chase Levels, Repetition Rule, Conduct Requirement, Expert Evidence
Defamation Media Law Data Protection Privacy Libel Misuse of Private Information Data Protection Act 1998 Defamation Act 2013 +5 more

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Parties

Dr Rina Miah

Claimant

British Broadcasting Corporation

Defendant

Procedural Posture

Libel and Related Claims (misuse of Private Information, Data Protection) / Interlocutory Application to Strike Out Parts of Defence

Legal Issues

  1. 1 Whether parts of the BBC's Defence in a libel claim should be struck out as irrelevant or inadmissible under defamation pleading principles
  2. 2 Whether the Defence improperly relies on third party opinions or post-publication events to justify reasonable grounds for suspicion
  3. 3 Scope of expert evidence permitted

Ratio Decidendi

Parts of the Defence that rely on third party opinions, the fact of investigation, or post-publication events are irrelevant and inadmissible to a Chase Level 2 defence of truth in libel. Only facts relating to the claimant's conduct are relevant. The Defence must be struck out to the extent it offends these principles. Expert evidence should be limited to factual explanation of the QOF system, not the claimant's compliance.

Court Disposition

Application granted in substantial part; specified paragraphs of Defence struck out; costs reserved.

Orders

  • Strike out paragraphs 12.24, 12.27, 12.28 (second sentence), 12.29–12.31, 12.35, 12.38, 12.41, 12.42 (fourth and subsequent sentences), 12.43, 12.47, 12.48 (final sentence), 12.50–12.52, 12.53–12.60, 13.2(2), 13.2(4), 13.2(5), and 14 of the Defence.
  • Require parties to re-plead as necessary; consequential amendments to Reply to be made.