Tiscali UK Ltd v British Telecommunications Plc [2008] EWHC 2927 (QB) (01 December 2008)

Tiscali UK Ltd v British Telecommunications Plc [2008] EWHC 2927 (QB) (01 December 2008)

It would be perverse for a jury to uphold the pleaded meanings, including the innuendo, as being defamatory of the claimant company; the words do not imply dishonesty, lack of candour, or failure to safeguard customers by the claimant.

Citation
[2008] EWHC 2927
Parties
Claimant: Tiscali UK Limited; Defendant: British Telecommunications PLC
Jurisdiction
England and Wales
Judgment Date
01 December 2008
Procedural Posture
Libel and Malicious Falsehood / Application to Strike Out Claim in Defamation Prior to Trial
Outcome
Claim in defamation struck out; defendant's application upheld.
Legal Topics
Libel, Malicious Falsehood, Corporate Reputation, Meaning of Defamatory Statements, Innuendo, Practice Direction CPR Part 53
Defamation Media Law Commercial Law Libel Malicious Falsehood Corporate Reputation Meaning of Defamatory Statements Innuendo +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Tiscali UK Limited

Claimant

British Telecommunications PLC

Defendant

Procedural Posture

Libel and Malicious Falsehood / Application to Strike Out Claim in Defamation Prior to Trial

Legal Issues

  1. 1 Whether the words complained of are capable of bearing a defamatory meaning about the claimant company
  2. 2 Whether the pleaded innuendo meaning is sustainable
  3. 3 Whether the claim in defamation should be struck out at this stage

Ratio Decidendi

It would be perverse for a jury to uphold the pleaded meanings, including the innuendo, as being defamatory of the claimant company; the words do not imply dishonesty, lack of candour, or failure to safeguard customers by the claimant.

Court Disposition

Claim in defamation struck out; defendant's application upheld.

Orders

  • The part of the claim founded in defamation is struck out.