James v Saunders

James v Saunders

The words complained of in the publications bear the meanings that the claimant is a bully, a vicious bully, and that she corruptly obtained a council house by exploiting her political connections; these are statements of fact, defamatory at common law, and the defendant's proposed amendments for honest opinion and public interest defences have no real prospect of success and are refused.

Parties
Claimant: Sarah James; Defendant: Julian Saunders
Jurisdiction
England and Wales
Judgment Date
29 November 2019
Procedural Posture
Libel / Preliminary Issues Determination
Outcome
Preliminary issues determined in favour of the claimant; permission to amend defence to plead honest opinion and public interest refused.
Legal Topics
Libel, Defamatory Meaning, Fact Vs Opinion, Public Interest Defence, Honest Opinion Defence
Defamation Media Law Libel Defamatory Meaning Fact Vs Opinion Public Interest Defence Honest Opinion Defence

Case Brief

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Parties

Sarah James

Claimant

Julian Saunders

Defendant

Procedural Posture

Libel / Preliminary Issues Determination

Legal Issues

  1. 1 What is the natural and ordinary meaning of the words complained of?
  2. 2 Are the words statements of fact or opinion?
  3. 3 Are the words defamatory at common law?

Ratio Decidendi

The words complained of in the publications bear the meanings that the claimant is a bully, a vicious bully, and that she corruptly obtained a council house by exploiting her political connections; these are statements of fact, defamatory at common law, and the defendant's proposed amendments for honest opinion and public interest defences have no real prospect of success and are refused.

Court Disposition

Preliminary issues determined in favour of the claimant; permission to amend defence to plead honest opinion and public interest refused.

Orders

  • Meanings of the publications determined as pleaded by the claimant.
  • Defences of honest opinion and public interest struck out/refused permission to amend.