Barron & Ors v Collins [2016] EWHC 3350 (QB) (22 December 2016)

Barron & Ors v Collins [2016] EWHC 3350 (QB) (22 December 2016)

The defendant was fully and properly advised, gave informed consent to the offer of amends, and there are no special or exceptional circumstances to justify setting aside the accepted offer. The statutory scheme must be enforced. Parliamentary immunity does not apply as the statements were not made in direct connection with the defendant's duties as an MEP.

Citation
[2016] EWHC 3350 (QB)
Parties
Claimant: Sir Kevin Barron MP; Claimant: Rt Hon John Healey MP; Claimant: Sarah Champion; Defendant: Jane Collins MEP
Jurisdiction
England and Wales
Judgment Date
22 December 2016
Procedural Posture
Defamation (libel and Slander) / Application to Vacate Accepted Offer of Amends Under Defamation Act 1996, S.2 4
Outcome
Application to vacate the offer of amends dismissed.
Legal Topics
Offer of Amends, Parliamentary Immunity, Serious Harm Threshold, Truth Defence, Public Interest Defence, Freedom of Expression
Defamation Civil Procedure European Law Offer of Amends Parliamentary Immunity Serious Harm Threshold Truth Defence Public Interest Defence +1 more

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Parties

Sir Kevin Barron MP

Claimant

Rt Hon John Healey MP

Claimant

Sarah Champion

Claimant

Jane Collins MEP

Defendant

Procedural Posture

Defamation (libel and Slander) / Application to Vacate Accepted Offer of Amends Under Defamation Act 1996, S.2 4

Legal Issues

  1. 1 Whether the defendant should be permitted to vacate an accepted offer of amends under Defamation Act 1996, s.2-4
  2. 2 Whether the defendant gave informed consent to the offer of amends
  3. 3 Whether there are special circumstances justifying setting aside the offer of amends

Ratio Decidendi

The defendant was fully and properly advised, gave informed consent to the offer of amends, and there are no special or exceptional circumstances to justify setting aside the accepted offer. The statutory scheme must be enforced. Parliamentary immunity does not apply as the statements were not made in direct connection with the defendant's duties as an MEP.

Court Disposition

Application to vacate the offer of amends dismissed.

Orders

  • Hearing of the assessment of damages application fixed for 31 January 2017.