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, particularly suggesting she was forced to repay money and behaved disreputably, but not the more serious meanings pleaded involving deception, tax avoidance, or criminal conduct. Meanings not supported by the article's words are to be struck out. The Claimant is permitted a further opportunity to plead a sustainable defamatory meaning.

Citation
[2010] EWHC 642
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 permitted to re-plead sustainable defamatory meaning.
Legal Topics
Defamatory Meaning, Strike Out Application, Aggravated Damages, Pleading Requirements
Media Law Defamation Defamatory Meaning Strike Out Application 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, particularly suggesting she was forced to repay money and behaved disreputably, but not the more serious meanings pleaded involving deception, tax avoidance, or criminal conduct. Meanings not supported by the article's words are to be struck out. The Claimant is permitted a further opportunity to plead a sustainable defamatory meaning.

Court Disposition

Certain pleaded meanings struck out; Claimant permitted to re-plead sustainable defamatory meaning.

Orders

  • Meanings pleaded in paragraphs 4, 6.3(2), and 6.4 of the particulars of claim struck out as unsustainable.
  • Claimant granted leave to amend particulars of claim to plead a sustainable defamatory meaning.