Lait v Evening Standard Ltd

Lait v Evening Standard Ltd

The defence of fair comment is bound to succeed because the article's criticism of the Claimant for signing the letter about the Kelly Report, in the context of her benefiting from the parliamentary expenses system, constitutes an opinion that could honestly be held by members of the public, notwithstanding factual errors regarding repayment. The charge of hypocrisy cannot be substantiated, but the alternative meaning of provoking justifiable anger survives and is protected as fair comment.

Parties
Claimant: Jacqui Lait; Defendant: Evening Standard Limited
Jurisdiction
England and Wales
Judgment Date
09 December 2010
Procedural Posture
Defamation / Summary Judgment Application
Outcome
Summary judgment for the Defendant
Legal Topics
Fair Comment, Justification, Defamatory Meaning, Parliamentary Expenses
Defamation Media Law Fair Comment Justification Defamatory Meaning Parliamentary Expenses

Case Brief

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Parties

Jacqui Lait

Claimant

Evening Standard Limited

Defendant

Procedural Posture

Defamation / Summary Judgment Application

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 about the Kelly Report, in the context of her benefiting from the parliamentary expenses system, constitutes an opinion that could honestly be held by members of the public, notwithstanding factual errors regarding repayment. The charge of hypocrisy cannot be substantiated, but the alternative meaning of provoking justifiable anger survives and is protected as fair comment.

Court Disposition

Summary judgment for the Defendant

Orders

  • The defence of fair comment is upheld and bound to succeed.
  • The Claimant's application for summary judgment is dismissed.