Modi & Anor v Clarke

Modi & Anor v Clarke

The words complained of are capable of bearing a defamatory meaning, namely that Mr Modi and IMG acted dishonourably and disloyally by breaching rules to which they were bound, and not merely engaging in robust competition. This meaning is actionable as it imputes dishonourable conduct in the eyes of right-thinking members of society generally, not just a section.

Parties
Appellant: Lalit Modi; Appellant: International Management Group (UK) Ltd; Respondent: Giles Clarke
Jurisdiction
England and Wales
Judgment Date
29 July 2011
Procedural Posture
Civil Appeal / Appeal From Queen’s Bench Division on Ruling of Meaning in Defamation Claim
Outcome
Appeal allowed
Legal Topics
Defamatory Meaning, Business Defamation, Interpretation of Words, Sectional Vs General Disparagement
Defamation Media Law Defamatory Meaning Business Defamation Interpretation of Words Sectional Vs General Disparagement

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Parties

Lalit Modi

Appellant

International Management Group (UK) Ltd

Appellant

Giles Clarke

Respondent

Procedural Posture

Civil Appeal / Appeal From Queen’s Bench Division on Ruling of Meaning in Defamation Claim

Legal Issues

  1. 1 Whether the words complained of are capable of bearing a defamatory meaning under English law
  2. 2 Whether the meaning is defamatory in the eyes of society generally or only a section
  3. 3 Whether the words impute dishonourable or disloyal conduct to the claimants

Ratio Decidendi

The words complained of are capable of bearing a defamatory meaning, namely that Mr Modi and IMG acted dishonourably and disloyally by breaching rules to which they were bound, and not merely engaging in robust competition. This meaning is actionable as it imputes dishonourable conduct in the eyes of right-thinking members of society generally, not just a section.

Court Disposition

Appeal allowed

Orders

  • The words complained of are capable of bearing a defamatory meaning as set out in the judgment.
  • Pleadings to be amended to reflect the limited basis on which the claims can go forward.