Lait MP v Evening Standard Ltd.

Lait MP v Evening Standard Ltd.

The article is capable of bearing one or more defamatory meanings about the Claimant, but not the pleaded meanings relating to deception, tax avoidance, or criminal conduct; those meanings are struck out as unsustainable.

Parties
Claimant: Jacqui Lait MP; Defendant: Evening Standard Limited
Jurisdiction
England and Wales
Judgment Date
25 March 2010
Procedural Posture
Defamation / Preliminary Application on Meaning and Strike Out
Outcome
Application to strike out unsustainable meanings granted; Claimant permitted to amend pleading.
Legal Topics
Defamatory Meaning, Aggravated Damages, Strike Out, Pleading Amendments

Case Brief

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Parties

Jacqui Lait MP

Claimant

Evening Standard Limited

Defendant

Procedural Posture

Defamation / Preliminary Application on Meaning and Strike Out

  1. 1 Whether the article is capable of bearing a defamatory meaning about the Claimant
  2. 2 Whether pleaded meanings are sustainable or should be struck out
  3. 3 Whether aggravated damages can be based on alternative meanings

Ratio Decidendi

The article is capable of bearing one or more defamatory meanings about the Claimant, but not the pleaded meanings relating to deception, tax avoidance, or criminal conduct; those meanings are struck out as unsustainable.

Court Disposition

Application to strike out unsustainable meanings granted; Claimant permitted to amend pleading.

Orders

  • Meanings pleaded at paragraph 4 and 6.3(2) struck out as unsustainable.
  • Claimant given opportunity to amend pleading to set out sustainable defamatory meanings.