Onwude v Dyer & Ors (Rev 1)

Onwude v Dyer & Ors (Rev 1)

The BMJ article was a substantially fair and accurate report of the Medical Practitioners Tribunal decision, and the omission of reference to the right of appeal and delay in erasure was immaterial to the reputational impact. The defendants did not refuse to publish a reasonable statement, as the claimant's proposed statement was repetitive and unreasonable given the prior publication of the appeal outcome. The article concerned a matter of public interest and the defendants reasonably believed publication was in the public interest. Statutory qualified privilege and public interest defences succeeded.

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 / Judgment
Outcome
Claim dismissed; judgment for the defendants
Legal Topics
Qualified Privilege, Public Interest Defence, Fair and Accurate Reporting, Medical Practitioners Tribunal, Reputation, Damages
Defamation Media Law Professional Regulation Qualified Privilege Public Interest Defence Fair and Accurate Reporting Medical Practitioners Tribunal Reputation +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 / 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 Medical Practitioners Tribunal decision

Ratio Decidendi

The BMJ article was a substantially fair and accurate report of the Medical Practitioners Tribunal decision, and the omission of reference to the right of appeal and delay in erasure was immaterial to the reputational impact. The defendants did not refuse to publish a reasonable statement, as the claimant's proposed statement was repetitive and unreasonable given the prior publication of the appeal outcome. The article concerned a matter of public interest and the defendants reasonably believed publication was in the public interest. Statutory qualified privilege and public interest defences succeeded.

Court Disposition

Claim dismissed; judgment for the defendants