Lachaux v Independent Print Ltd and another

Lachaux v Independent Print Ltd and another

Section 1 of the Defamation Act 2013 requires claimants to prove, as a fact, that the publication has caused or is likely to cause serious harm to their reputation; the common law presumption of damage is displaced to this extent. The seriousness of harm is a factual question, to be established by evidence of the publication's impact, not merely by the inherent tendency of the words.

Parties
Respondent: Bruno Lachaux; Appellant: Independent Print Ltd; Appellant: Evening Standard Ltd
Jurisdiction
England and Wales
Judgment Date
12 June 2019
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
Appeal dismissed
Legal Topics
Serious Harm Threshold, Defamation Act 2013, Presumption of Damage, Freedom of Expression, Limitation in Defamation, Repetition Rule, Dingle Rule
Defamation Tort Law Media Law Serious Harm Threshold Defamation Act 2013 Presumption of Damage Freedom of Expression Limitation in Defamation +2 more

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Parties

Bruno Lachaux

Respondent

Independent Print Ltd

Appellant

Evening Standard Ltd

Appellant

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Does section 1 of the Defamation Act 2013 require proof of actual serious harm to reputation, or is the inherent tendency of the words sufficient?
  2. 2 What is the impact of section 1 on the common law presumption of damage in defamation?
  3. 3 How should 'serious harm' be established under the Act?

Ratio Decidendi

Section 1 of the Defamation Act 2013 requires claimants to prove, as a fact, that the publication has caused or is likely to cause serious harm to their reputation; the common law presumption of damage is displaced to this extent. The seriousness of harm is a factual question, to be established by evidence of the publication's impact, not merely by the inherent tendency of the words.

Court Disposition

Appeal dismissed

Orders

  • Appeals by Independent Print Ltd and Evening Standard Ltd dismissed.