Levi v Bates

Levi v Bates

The court found that the three match programme publications were defamatory of the claimant, not protected by qualified privilege, not substantially true, and not fair comment. The letter to club members was protected by qualified privilege. The claimant was awarded damages for the three unprivileged publications.

Parties
Claimant: Melvyn Levi; Defendant: Ken Bates
Jurisdiction
England and Wales
Judgment Date
02 July 2009
Procedural Posture
Civil Defamation (libel) / Judgment After Full Trial
Outcome
Judgment for the claimant in part.
Legal Topics
Libel, Qualified Privilege, Justification, Fair Comment, Damages
Defamation Media Law Tort Libel Qualified Privilege Justification Fair Comment Damages

Case Brief

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Parties

Melvyn Levi

Claimant

Ken Bates

Defendant

Procedural Posture

Civil Defamation (libel) / Judgment After Full Trial

Legal Issues

  1. 1 Whether the four publications by the defendant were defamatory of the claimant
  2. 2 Whether the publications were protected by qualified privilege
  3. 3 Whether the publications were substantially true (justification)

Ratio Decidendi

The court found that the three match programme publications were defamatory of the claimant, not protected by qualified privilege, not substantially true, and not fair comment. The letter to club members was protected by qualified privilege. The claimant was awarded damages for the three unprivileged publications.

Court Disposition

Judgment for the claimant in part.

Orders

  • Damages of £50,000 awarded to the claimant for the three match programme publications.
  • No damages for the letter to club members as it was privileged.