Cambridge v Makin

Cambridge v Makin

The agreed substitute wording for the meaning of the email is preferable to the original judge's formulation and closely reflects the meaning contended for by Ms Cambridge; the appeal is allowed to substitute the wording, and costs are ordered as respondent's costs in the case.

Parties
Appellant: Cambridge; Respondent: Makin
Jurisdiction
England and Wales
Judgment Date
28 October 2010
Procedural Posture
Civil Appeal / Appeal From Pre Trial Ruling on Meaning in Libel Action
Outcome
appeal allowed in part; substitute wording for meaning; costs as respondent's costs in the case
Legal Topics
Libel, Meaning of Defamatory Words, Costs, Qualified Privilege

Case Brief

Summary, issues, holding and outcome

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Parties

Cambridge

Appellant

Makin

Respondent

Procedural Posture

Civil Appeal / Appeal From Pre Trial Ruling on Meaning in Libel Action

  1. 1 Whether the words in the email bear a defamatory meaning
  2. 2 Appropriate formulation of the meaning for trial
  3. 3 Costs of the appeal

Ratio Decidendi

The agreed substitute wording for the meaning of the email is preferable to the original judge's formulation and closely reflects the meaning contended for by Ms Cambridge; the appeal is allowed to substitute the wording, and costs are ordered as respondent's costs in the case.

Court Disposition

appeal allowed in part; substitute wording for meaning; costs as respondent's costs in the case

Orders

  • Appeal allowed to the extent of substituting agreed wording for meaning of the email.
  • Costs ordered as respondent's costs in the case.