Brady v Norman

Brady v Norman

Qualified privilege did not protect publication to 131 of the 202 additional publishees because the defendant failed to show they had a legitimate interest in the subject matter. The words complained of were capable of bearing a defamatory meaning. There was insufficient evidence to leave to the jury the question of website publication to non-privileged recipients.

Parties
Claimant: Shaun Brady; Defendant: Keith Norman
Jurisdiction
England and Wales
Judgment Date
20 October 2008
Procedural Posture
Libel / Pre Trial Rulings on Matters of Law
Outcome
Partial success for claimant on privilege issue; claimant's case proceeds to jury on meaning; no case to go to jury on website publication to non-privileged recipients.
Legal Topics
Qualified Privilege, Defamatory Meaning, Internet Publication, Burden of Proof
Defamation Media Law Qualified Privilege Defamatory Meaning Internet Publication Burden of Proof

Case Brief

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Parties

Shaun Brady

Claimant

Keith Norman

Defendant

Procedural Posture

Libel / Pre Trial Rulings on Matters of Law

Legal Issues

  1. 1 Whether publication was protected by qualified privilege
  2. 2 Whether the words complained of were capable of bearing a defamatory meaning
  3. 3 Whether there was evidence to leave to the jury for inference of internet publication to non-privileged recipients

Ratio Decidendi

Qualified privilege did not protect publication to 131 of the 202 additional publishees because the defendant failed to show they had a legitimate interest in the subject matter. The words complained of were capable of bearing a defamatory meaning. There was insufficient evidence to leave to the jury the question of website publication to non-privileged recipients.

Court Disposition

Partial success for claimant on privilege issue; claimant's case proceeds to jury on meaning; no case to go to jury on website publication to non-privileged recipients.

Orders

  • Publication to 131 non-privileged recipients not protected by qualified privilege
  • Issue of defamatory meaning to be left to the jury