Miah v British Broadcasting Corporation (BBC)

Miah v British Broadcasting Corporation (BBC)

Parts of the BBC's defence relying on third party opinions, decisions, or post-publication events are irrelevant and impermissible for establishing reasonable grounds for suspicion in a Chase Level 2 libel defence. The focus must be on the claimant's conduct. Strike-out is ordered for those parts.

Parties
Claimant: Dr Rina Miah; Defendant: British Broadcasting Corporation
Jurisdiction
England and Wales
Judgment Date
08 May 2018
Procedural Posture
Civil / Interlocutory Application (strike Out)
Outcome
Application granted in substantial part; strike-out ordered for specified paragraphs of the BBC's defence.
Legal Topics
Libel, Misuse of Private Information, Data Protection Act 1998, Defamation Act 2013, Pleading Principles
Defamation Media Law Data Protection Privacy Libel Misuse of Private Information Data Protection Act 1998 Defamation Act 2013 +1 more

Case Brief

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Parties

Dr Rina Miah

Claimant

British Broadcasting Corporation

Defendant

Procedural Posture

Civil / Interlocutory Application (strike Out)

Legal Issues

  1. 1 Whether parts of the BBC's defence of truth in a libel claim should be struck out for irrelevance or impermissible reliance on third party opinion
  2. 2 Whether post-publication events can be relied upon to establish reasonable grounds for suspicion
  3. 3 Scope of expert evidence in relation to the QOF system

Ratio Decidendi

Parts of the BBC's defence relying on third party opinions, decisions, or post-publication events are irrelevant and impermissible for establishing reasonable grounds for suspicion in a Chase Level 2 libel defence. The focus must be on the claimant's conduct. Strike-out is ordered for those parts.

Court Disposition

Application granted in substantial part; strike-out ordered for specified paragraphs of the BBC's defence.

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 inclusive, paragraphs 13.2(2), (4), (5), and paragraph 14 of the Defence.
  • Require consequential amendments to the Reply.