Lait v Evening Standard Ltd [2010] EWHC 3239 (QB) (09 December 2010)

Lait v Evening Standard Ltd [2010] EWHC 3239 (QB) (09 December 2010)

The defence of fair comment is bound to succeed because the article's criticism of the Claimant for signing the letter, in the context of her having benefited from the parliamentary expenses system, constitutes a comment that could honestly be held by members of the public, even if the allegation of hypocrisy cannot...

Source-derived case information.

Citation
[2010] EWHC 3239 (QB)
Parties
Claimant: Jacqui Lait; Defendant: Evening Standard Limited
Jurisdiction
England and Wales
Judgment Date
09 December 2010
Procedural Posture
Defamation / Summary Judgment Applications
Outcome
Defence of fair comment succeeds; summary judgment granted for Defendant.
Legal Topics
Fair Comment, Justification, Parliamentary Expenses, Defamatory Meaning
Defamation Media Law Fair Comment Justification Parliamentary Expenses Defamatory Meaning

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Parties

Jacqui Lait

Claimant

Evening Standard Limited

Defendant

Procedural Posture

Defamation / Summary Judgment Applications

Legal Issues

  1. 1 Whether the article published by the Defendant was defamatory of the Claimant
  2. 2 Whether the defences of justification and fair comment are bound to fail or succeed
  3. 3 Whether the article accused the Claimant of hypocrisy or provoked justifiable anger

Ratio Decidendi

The defence of fair comment is bound to succeed because the article's criticism of the Claimant for signing the letter, in the context of her having benefited from the parliamentary expenses system, constitutes a comment that could honestly be held by members of the public, even if the allegation of hypocrisy cannot be substantiated. The factual substratum regarding her expenses and capital gain supports the comment, and the mistaken allegation about £25,000 repayment does not defeat the defence.

Court Disposition

Defence of fair comment succeeds; summary judgment granted for Defendant.

Orders

  • Claimant's application for summary judgment dismissed
  • Defendant's application for summary judgment granted