Cambridge v Makin [2010] EWCA Civ 1462 (28 October 2010)

Cambridge v Makin [2010] EWCA Civ 1462 (28 October 2010)

The agreed substitute wording for the meaning of the words complained of more closely reflects the meaning contended for by Ms Cambridge throughout, and the approach of Dr Makin to the appeal and negotiations was less favourable to Ms Cambridge than the outcome. The appropriate order is that the respondent's costs in the case, as suggested by Ms Cambridge, justly reflects the parties' positions.

Citation
[2010] EWCA Civ 1462
Parties
Appellant: Cambridge; Respondent: Makin
Jurisdiction
England and Wales
Judgment Date
28 October 2010
Procedural Posture
Libel Appeal / Appeal From Pre Trial Ruling on Meaning of Words
Outcome
Appeal allowed in part; agreed wording substituted; costs to be respondent's costs in the case
Legal Topics
Libel, Meaning of Defamatory Words, Qualified Privilege, Strike Out Application, Costs
Defamation Media Law Libel Meaning of Defamatory Words Qualified Privilege Strike Out Application Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Cambridge

Appellant

Makin

Respondent

Procedural Posture

Libel Appeal / Appeal From Pre Trial Ruling on Meaning of Words

Legal Issues

  1. 1 Whether the words in the email were defamatory
  2. 2 What is the correct meaning to be attributed to the words complained of
  3. 3 Whether costs should be awarded and to whom

Ratio Decidendi

The agreed substitute wording for the meaning of the words complained of more closely reflects the meaning contended for by Ms Cambridge throughout, and the approach of Dr Makin to the appeal and negotiations was less favourable to Ms Cambridge than the outcome. The appropriate order is that the respondent's costs in the case, as suggested by Ms Cambridge, justly reflects the parties' positions.

Court Disposition

Appeal allowed in part; agreed wording substituted; costs to be respondent's costs in the case

Orders

  • The judge's expression of the meaning is replaced by the agreed wording: 'The Claimant abused her position as a director of the NRPSI by [acting on] a conflict of interest, namely (1) by overseeing [...] the sale of NRPSI members' data to a commercial agency, CINTRA, with which she was [privately interested] and...
  • Order for respondent's costs in the case