Lait v Evening Standard Ltd

Lait v Evening Standard Ltd

The single meaning rule applies to the defence of honest comment in defamation. The words complained of must at least bear the shut up meaning, which is defensible as honest comment. The hypocrisy meaning is at most an additional imputation and does not justify allowing the claim to proceed. The claim was properly...

Source-derived case information.

Parties
Appellant: Jacqui Lait; Respondent: Evening Standard Limited
Jurisdiction
England and Wales
Judgment Date
28 July 2011
Procedural Posture
Civil Appeal (defamation) / Appeal From Summary Judgment; Application to Strike Out Claim and for Summary Judgment on Defences of Justification and Honest Comment
Outcome
Appeal dismissed
Legal Topics
Single Meaning Rule, Honest Comment Defence, Justification Defence, Abuse of Process, Freedom of Expression, Article 10 ECHR, Striking Out Claims, Summary Judgment
Defamation Media Law Civil Procedure Single Meaning Rule Honest Comment Defence Justification Defence Abuse of Process Freedom of Expression +3 more

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Parties

Jacqui Lait

Appellant

Evening Standard Limited

Respondent

Procedural Posture

Civil Appeal (defamation) / Appeal From Summary Judgment; Application to Strike Out Claim and for Summary Judgment on Defences of Justification and Honest Comment

Legal Issues

  1. 1 Does the single meaning rule apply to the defence of honest comment in defamation?
  2. 2 Should the claim be struck out as an abuse of process under the Jameel principle?
  3. 3 Are the pleaded meanings (shut up, hypocrisy, underhanded concealment) sustainable and actionable?

Ratio Decidendi

The single meaning rule applies to the defence of honest comment in defamation. The words complained of must at least bear the shut up meaning, which is defensible as honest comment. The hypocrisy meaning is at most an additional imputation and does not justify allowing the claim to proceed. The claim was properly struck out as an abuse of process under the Jameel principle, as pursuing it would not serve the legitimate purpose of protecting the claimant’s reputation and would be disproportionate in terms of cost and court resources.

Court Disposition

Appeal dismissed

Orders

  • Claim struck out as an abuse of process; summary judgment for the respondent on the defence of honest comment