Brady v Norman [2008] EWHC 2481 (QB) (20 October 2008)

Brady v Norman [2008] EWHC 2481 (QB) (20 October 2008)

Qualified privilege did not protect publication to 131 non-member recipients as no sufficient interest was shown; the words were capable of bearing a defamatory meaning; there was insufficient evidence to leave to the jury the question of website publication to non-privileged readers.

Citation
[2008] EWHC 2481
Parties
Claimant: Shaun Brady; Defendant: Keith Norman
Jurisdiction
England and Wales
Judgment Date
20 October 2008
Procedural Posture
Libel Action / Pre Trial Rulings on Legal Issues Before Jury Trial
Outcome
Partial success for claimant on privilege and meaning; defendant succeeded on internet publication issue.
Legal Topics
Qualified Privilege, Defamatory Meaning, Internet Publication, Burden of Proof, Trade Union Publications
Defamation Media Law Qualified Privilege Defamatory Meaning Internet Publication Burden of Proof Trade Union Publications

Case Brief

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Parties

Shaun Brady

Claimant

Keith Norman

Defendant

Procedural Posture

Libel Action / Pre Trial Rulings on Legal Issues Before Jury Trial

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 of internet publication to non-privileged recipients

Ratio Decidendi

Qualified privilege did not protect publication to 131 non-member recipients as no sufficient interest was shown; the words were capable of bearing a defamatory meaning; there was insufficient evidence to leave to the jury the question of website publication to non-privileged readers.

Court Disposition

Partial success for claimant on privilege and meaning; defendant succeeded on internet publication issue.

Orders

  • Publication to 131 non-member recipients not protected by qualified privilege.
  • Words complained of are capable of bearing a defamatory meaning and to be left to the jury.