Tiscali UK Ltd v British Telecommunications Plc

Tiscali UK Ltd v British Telecommunications Plc

It would be perverse for a jury to uphold the meanings pleaded by the claimant, as the words complained of are not capable of bearing a defamatory meaning of the corporate claimant, nor does the pleaded innuendo alter this conclusion.

Source-derived case information.

Parties
Claimant: Tiscali UK Limited; Defendant: British Telecommunications PLC
Jurisdiction
England and Wales
Judgment Date
01 December 2008
Procedural Posture
Civil / Interlocutory Application—meaning of Words and Strike Out of Defamation Claim
Outcome
Defamation claim struck out
Legal Topics
Meaning of Defamatory Words, Strike Out Applications, Corporate Reputation, Innuendo in Defamation
Defamation Malicious Falsehood Commercial Law Meaning of Defamatory Words Strike Out Applications Corporate Reputation Innuendo in Defamation

Source-derived case record

Summary, issues, holding and outcome

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Parties

Tiscali UK Limited

Claimant

British Telecommunications PLC

Defendant

Procedural Posture

Civil / Interlocutory Application—meaning of Words and Strike Out of Defamation Claim

Legal Issues

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

Ratio Decidendi

It would be perverse for a jury to uphold the meanings pleaded by the claimant, as the words complained of are not capable of bearing a defamatory meaning of the corporate claimant, nor does the pleaded innuendo alter this conclusion.

Court Disposition

Defamation claim struck out

Orders

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