Onwude v Dyer & Ors (Rev 1) [2020] EWHC 3577 (QB) (23 December 2020)

Onwude v Dyer & Ors (Rev 1) [2020] EWHC 3577 (QB) (23 December 2020)

The BMJ article was a fair and accurate report of the MPT decision, protected by statutory qualified privilege under s15, Defamation Act 1996. The omission of reference to the right of appeal did not render the report unfair or inaccurate, given the general understanding of such rights among the readership. The...

Source-derived case information.

Citation
[2020] EWHC 3577
Parties
Claimant: Joseph Loze Onwude; Defendant: Clare Dyer; Defendant: Fiona Godlee; Defendant: BMJ Publishing Group Limited
Jurisdiction
England and Wales
Judgment Date
23 December 2020
Procedural Posture
Defamation Claim (libel) / High Court Trial, Judgment
Outcome
Claim dismissed
Legal Topics
Qualified Privilege, Public Interest Defence, Fair and Accurate Reporting, Serious Harm Test, Right of Reply, Reputation Damage
Defamation Media Law Professional Regulation Qualified Privilege Public Interest Defence Fair and Accurate Reporting Serious Harm Test Right of Reply +1 more

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Parties

Joseph Loze Onwude

Claimant

Clare Dyer

Defendant

Fiona Godlee

Defendant

BMJ Publishing Group Limited

Defendant

Procedural Posture

Defamation Claim (libel) / High Court Trial, Judgment

Legal Issues

  1. 1 Whether the BMJ article was protected by statutory qualified privilege under s15, Defamation Act 1996
  2. 2 Whether the article was protected by the public interest defence under s4, Defamation Act 2013
  3. 3 Whether the article was a fair and accurate report of the MPT decision

Ratio Decidendi

The BMJ article was a fair and accurate report of the MPT decision, protected by statutory qualified privilege under s15, Defamation Act 1996. The omission of reference to the right of appeal did not render the report unfair or inaccurate, given the general understanding of such rights among the readership. The defendants did not refuse or neglect to publish a reasonable letter or statement by way of explanation or contradiction, having published a follow-up article on the successful appeal and offered the claimant the opportunity to respond. The public interest defence under s4, Defamation Act 2013, would also have succeeded. The claim is dismissed.

Court Disposition

Claim dismissed

Orders

  • Claim dismissed in full
  • No damages awarded