Campbell v MGN Ltd

Campbell v MGN Ltd

The words complained of assert as fact that Lady Colin Campbell appeared on a breakfast television programme to defend the rape of children by Epstein, with her defence being that the children were 14-year-old prostitutes rather than minors; the article also expresses the opinion that this is a shocking thing to say and exemplifies the sordid world of the entitled elite. The statements about what the Claimant did and said, and her purpose, are statements of asserted fact; the opinion derives from the context and commentary.

Parties
Claimant: Lady Colin Campbell; Defendant: MGN Limited
Jurisdiction
England and Wales
Judgment Date
16 March 2021
Procedural Posture
Defamation / Trial of Preliminary Issues (meaning and Fact/opinion)
Outcome
Preliminary issue determined: the words bear the meaning set out by the court, with factual and opinion elements as specified.
Legal Topics
Meaning of Defamatory Words, Fact Vs Opinion, Natural and Ordinary Meaning, Freedom of Expression
Defamation Media Law Meaning of Defamatory Words Fact Vs Opinion Natural and Ordinary Meaning Freedom of Expression

Case Brief

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Parties

Lady Colin Campbell

Claimant

MGN Limited

Defendant

Procedural Posture

Defamation / Trial of Preliminary Issues (meaning and Fact/opinion)

Legal Issues

  1. 1 What is the natural and ordinary meaning of the words complained of?
  2. 2 Do the words complained of convey statements of fact or opinion?

Ratio Decidendi

The words complained of assert as fact that Lady Colin Campbell appeared on a breakfast television programme to defend the rape of children by Epstein, with her defence being that the children were 14-year-old prostitutes rather than minors; the article also expresses the opinion that this is a shocking thing to say and exemplifies the sordid world of the entitled elite. The statements about what the Claimant did and said, and her purpose, are statements of asserted fact; the opinion derives from the context and commentary.

Court Disposition

Preliminary issue determined: the words bear the meaning set out by the court, with factual and opinion elements as specified.

Orders

  • Claimant to re-amend Particulars of Claim to reflect the court's finding on meaning.
  • Defendant to consider and, if necessary, amend Defence accordingly.