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 find that the words complained of bore the pleaded defamatory meanings or the innuendo meaning. The statements do not suggest dishonesty, lack of candour, or failure to safeguard customers by the claimant company. The claim in defamation is struck out as unsustainable.

Citation
[2008] EWHC 2927 (QB)
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, Meaning of Defamatory Statements, Corporate Reputation, Practice Direction CPR Part 53
Defamation Media Law Commercial Law Libel Malicious Falsehood Meaning of Defamatory Statements Corporate Reputation Practice Direction CPR Part 53

Case Brief

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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 innuendo meaning pleaded is sustainable
  3. 3 Whether the claim in defamation should be struck out as incapable of succeeding

Ratio Decidendi

It would be perverse for a jury to find that the words complained of bore the pleaded defamatory meanings or the innuendo meaning. The statements do not suggest dishonesty, lack of candour, or failure to safeguard customers by the claimant company. The claim in defamation is struck out as unsustainable.

Court Disposition

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

Orders

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