Starr v Ward
All claims fail because the defendant proved the truth of the essential allegations (that the claimant groped and humiliated her as an underage schoolgirl), no actionable special damage was established, the slander claim for the BBC interview was time barred, the defendant did not authorise or intend identification in the BBC broadcast, and the eBook publication was not a real and substantial tort due to minimal readership and insufficient identification.
- Parties
- Claimant: Frederick Leslie Starr; Defendant: Karin Ward
- Jurisdiction
- England and Wales
- Judgment Date
- 10 July 2015
- Procedural Posture
- Defamation / Final Judgment
- Outcome
- judgment for the defendant
- Legal Topics
- Slander, Libel, Truth Defence, Qualified Privilege, Reynolds Privilege, Limitation, Identification, Abuse of Process
Case Brief
Summary, issues, holding and outcome
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Parties
Frederick Leslie Starr
Claimant
Karin Ward
Defendant
Procedural Posture
Defamation / Final Judgment
Legal Issues
- 1 Whether the defendant's publications (interviews, broadcasts, eBook) were defamatory of the claimant
- 2 Whether the claims in slander and libel are actionable without proof of special damage
- 3 Whether the defendant's words imputed a criminal offence punishable by imprisonment
Ratio Decidendi
All claims fail because the defendant proved the truth of the essential allegations (that the claimant groped and humiliated her as an underage schoolgirl), no actionable special damage was established, the slander claim for the BBC interview was time barred, the defendant did not authorise or intend identification in the BBC broadcast, and the eBook publication was not a real and substantial tort due to minimal readership and insufficient identification.
Court Disposition
judgment for the defendant
Full Case Text
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