Lait MP v Evening Standard Ltd. [2010] EWHC 642 (QB) (25 March 2010)

Lait MP v Evening Standard Ltd. [2010] EWHC 642 (QB) (25 March 2010)

The article is capable of bearing one or more defamatory meanings about the Claimant, specifically suggesting moral impropriety or hypocrisy, but not the more serious meanings pleaded such as dishonesty, tax avoidance, or criminal conduct. Pleadings that assert meanings the words cannot bear must be struck out, including those pleaded in aggravation of damages.

Citation
[2010] EWHC 642 (QB)
Parties
Claimant: Jacqui Lait MP; Defendant: Evening Standard Limited
Jurisdiction
England and Wales
Judgment Date
25 March 2010
Procedural Posture
Defamation / Interlocutory Application on Meaning and Strike Out
Outcome
Certain pleaded meanings struck out; Claimant granted leave to re-plead defamatory meaning.
Legal Topics
Defamatory Meaning, Strike Out of Pleadings, Aggravated Damages, Pleading Requirements
Media Law Defamation Defamatory Meaning Strike Out of Pleadings Aggravated Damages Pleading Requirements

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Parties

Jacqui Lait MP

Claimant

Evening Standard Limited

Defendant

Procedural Posture

Defamation / Interlocutory Application on Meaning and Strike Out

Legal Issues

  1. 1 Whether the article is capable of bearing a defamatory meaning about the Claimant
  2. 2 Whether certain pleaded meanings should be struck out as unsustainable
  3. 3 Whether meanings pleaded in aggravation of damages are permissible

Ratio Decidendi

The article is capable of bearing one or more defamatory meanings about the Claimant, specifically suggesting moral impropriety or hypocrisy, but not the more serious meanings pleaded such as dishonesty, tax avoidance, or criminal conduct. Pleadings that assert meanings the words cannot bear must be struck out, including those pleaded in aggravation of damages.

Court Disposition

Certain pleaded meanings struck out; Claimant granted leave to re-plead defamatory meaning.

Orders

  • Meanings pleaded in paragraphs 4, 6.3(2), and 6.4 of the particulars of claim struck out as unsustainable.
  • Claimant given opportunity to amend and re-plead defamatory meaning.