Starr v Ward [2015] EWHC 1987 (QB) (10 July 2015)

Starr v Ward [2015] EWHC 1987 (QB) (10 July 2015)

The claim in slander for the BBC words was time-barred as the claimant failed to act promptly after becoming aware of the publication, and there was no equitable basis to disapply the limitation period. The defendant was not liable as a co-publisher for the BBC 'Panorama' broadcast as she neither intended nor authorised the identification of the claimant. The ITV words were actionable per se as they imputed a criminal offence punishable by imprisonment and were likely to disparage the claimant in his profession. The defendant was a co-publisher of the ITV broadcasts as she authorised the use of her interview. However, the defence of justification succeeded: the defendant proved on the...

Citation
[2015] EWHC 1987
Parties
Claimant: Frederick Leslie Starr; Defendant: Karin Ward
Jurisdiction
England and Wales
Judgment Date
10 July 2015
Procedural Posture
Defamation (slander and Libel) / High Court Trial Judgment
Outcome
All claims dismissed
Legal Topics
Slander, Libel, Limitation Period, Justification Defence, Qualified Privilege, Reynolds Privilege, Co Publication, Identification, Special Damage, Actionable Per Se
Defamation Media Law Tort Slander Libel Limitation Period Justification Defence Qualified Privilege +5 more

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Parties

Frederick Leslie Starr

Claimant

Karin Ward

Defendant

Procedural Posture

Defamation (slander and Libel) / High Court Trial Judgment

Legal Issues

  1. 1 Whether the defendant's statements about the claimant were defamatory and actionable in slander or libel
  2. 2 Whether the claims were time-barred under the Limitation Act 1980
  3. 3 Whether the defendant was liable as a co-publisher for subsequent broadcasts

Ratio Decidendi

The claim in slander for the BBC words was time-barred as the claimant failed to act promptly after becoming aware of the publication, and there was no equitable basis to disapply the limitation period. The defendant was not liable as a co-publisher for the BBC 'Panorama' broadcast as she neither intended nor authorised the identification of the claimant. The ITV words were actionable per se as they imputed a criminal offence punishable by imprisonment and were likely to disparage the claimant in his profession. The defendant was a co-publisher of the ITV broadcasts as she authorised the use of her interview. However, the defence of justification succeeded: the defendant proved on the...

Court Disposition

All claims dismissed

Orders

  • Claim dismissed
  • No damages awarded