Keays v Guardian Newspapers Ltd. & Ors [2003] EWHC 1565 (QB) (01 July 2003)

Keays v Guardian Newspapers Ltd. & Ors [2003] EWHC 1565 (QB) (01 July 2003)

The article in question, published in the 'Comment' section, was unmistakably a comment piece, expressing inferences and value judgments about the claimant's motives based on widely available facts. No reasonable jury could classify the defamatory imputations as statements of fact requiring objective verification. Therefore, the words complained of are only capable of being regarded as comment, and the defence of fair comment is available to the defendants.

Citation
[2003] EWHC 1565
Parties
Claimant: Sara Keays; Defendant: Guardian Newspapers Limited; Defendant: Roger Alton; Defendant: Carol Sarler
Jurisdiction
England and Wales
Judgment Date
01 July 2003
Procedural Posture
Libel/defamation / Interlocutory Application to Determine Whether Words Complained of Are Only Capable of Being Comment, Not Fact
Outcome
Application granted for defendants; words only capable of being comment.
Legal Topics
Fair Comment Defence, Distinction Between Fact and Comment, Freedom of Expression, Article 10 ECHR, Jury Role in Defamation, Qualified Privilege
Media Law Defamation Tort Fair Comment Defence Distinction Between Fact and Comment Freedom of Expression Article 10 ECHR Jury Role in Defamation +1 more

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Parties

Sara Keays

Claimant

Guardian Newspapers Limited

Defendant

Roger Alton

Defendant

Carol Sarler

Defendant

Procedural Posture

Libel/defamation / Interlocutory Application to Determine Whether Words Complained of Are Only Capable of Being Comment, Not Fact

Legal Issues

  1. 1 Whether the words complained of in the Observer article are only capable of being regarded as comment and not fact
  2. 2 Whether the defence of fair comment is available to the defendants at this stage

Ratio Decidendi

The article in question, published in the 'Comment' section, was unmistakably a comment piece, expressing inferences and value judgments about the claimant's motives based on widely available facts. No reasonable jury could classify the defamatory imputations as statements of fact requiring objective verification. Therefore, the words complained of are only capable of being regarded as comment, and the defence of fair comment is available to the defendants.

Court Disposition

Application granted for defendants; words only capable of being comment.

Orders

  • The court rules that the words complained of are only capable of being regarded as comment and not fact.