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
Summary, issues, holding and outcome
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Parties
Jacqui Lait MP
Claimant
Evening Standard Limited
Defendant
Procedural Posture
Defamation / Preliminary Application on Meaning and Strike Out
Legal Issues
- 1 Whether the article is capable of bearing a defamatory meaning about the Claimant
- 2 Whether pleaded meanings are sustainable or should be struck out
- 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.
Full Case Text
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