Price v MGN Ltd

Price v MGN Ltd

The words complained of in each of the three articles bore the Interception Meanings alleged by the claimant, namely that whilst Chief Constable, he was party to the illegal accessing of the mobile telephone records of a Daily Mirror journalist. The presence of other damaging allegations in the articles does not defeat the claim, as the claimant is entitled to select which imputations to sue upon. The defendant's arguments based on serious harm, bad reputation, or abuse of process do not justify summary judgment or striking out. The claim must proceed to trial.

Parties
Claimant: Sean Price; Defendant: MGN Limited
Jurisdiction
England and Wales
Judgment Date
08 November 2018
Procedural Posture
Libel Action / Preliminary Issue Judgment on Meaning and Summary Judgment/strike Out Application
Outcome
Defendant's applications for summary judgment and strike-out dismissed; claim to proceed to trial.
Legal Topics
Libel, Serious Harm Threshold, Summary Judgment, Abuse of Process, Mitigation of Damages
Defamation Media Law Libel Serious Harm Threshold Summary Judgment Abuse of Process Mitigation of Damages

Case Brief

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Parties

Sean Price

Claimant

MGN Limited

Defendant

Procedural Posture

Libel Action / Preliminary Issue Judgment on Meaning and Summary Judgment/strike Out Application

Legal Issues

  1. 1 What is the natural and ordinary meaning of the words complained of in the articles?
  2. 2 Do the articles bear the Interception Meanings alleged by the claimant?
  3. 3 Should the claim be summarily dismissed or struck out on the basis that it cannot cause serious harm or is an abuse of process?

Ratio Decidendi

The words complained of in each of the three articles bore the Interception Meanings alleged by the claimant, namely that whilst Chief Constable, he was party to the illegal accessing of the mobile telephone records of a Daily Mirror journalist. The presence of other damaging allegations in the articles does not defeat the claim, as the claimant is entitled to select which imputations to sue upon. The defendant's arguments based on serious harm, bad reputation, or abuse of process do not justify summary judgment or striking out. The claim must proceed to trial.

Court Disposition

Defendant's applications for summary judgment and strike-out dismissed; claim to proceed to trial.

Orders

  • Applications for summary judgment and striking out are dismissed.
  • Directions and costs to be addressed at a further hearing.