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 relevant facts. The defendant was not liable as a co-publisher for the BBC 'Panorama' broadcast, as she did not intend or authorise the identification of the claimant. The ITV words were actionable as slander per se, both as imputing a criminal offence and as likely to disparage the claimant in his profession. The defendant was a co-publisher of the ITV broadcasts, having authorised their use. However, the defendant established the substantial truth of her allegations against the claimant, and the claims in slander and libel failed on the merits.

Citation
[2015] EWHC 1987 (QB)
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 and Judgment
Outcome
Claims dismissed
Legal Topics
Slander, Libel, Limitation Periods, Justification (truth), Qualified Privilege, Reynolds Privilege, Identification in Defamation, Co Publication, Special Damage, Abuse of Process
Defamation Tort Law Media Law Slander Libel Limitation Periods Justification (truth) 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 and Judgment

Legal Issues

  1. 1 Whether the defendant's statements about the claimant were defamatory and actionable in slander or libel; whether the claims were time-barred; whether the defendant was liable as a co-publisher for subsequent broadcasts; whether the statements were true; whether the statements were protected by privilege; whether the claimant could amend pleadings to rely on slander actionable per se; whether the claims were an abuse of process.

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 relevant facts. The defendant was not liable as a co-publisher for the BBC 'Panorama' broadcast, as she did not intend or authorise the identification of the claimant. The ITV words were actionable as slander per se, both as imputing a criminal offence and as likely to disparage the claimant in his profession. The defendant was a co-publisher of the ITV broadcasts, having authorised their use. However, the defendant established the substantial truth of her allegations against the claimant, and the claims in slander and libel failed on the merits.

Court Disposition

Claims dismissed

Orders

  • Claim in slander for BBC words is time-barred and dismissed.
  • Claimant refused permission to amend pleadings regarding BBC words; permitted to amend regarding ITV words.