Church v MGN Ltd (Rev 1) [2012] EWHC 693 (QB) (28 March 2012)

Church v MGN Ltd (Rev 1) [2012] EWHC 693 (QB) (28 March 2012)

The words complained of are clearly capable of bearing the meaning attributed to them by the claimant and are capable of being defamatory of her; applications for a ruling on meaning should not generally be determined without an oral hearing except in very limited cases, in accordance with the principle of open justice.

Citation
[2012] EWHC 693
Parties
Claimant: Charlotte Church; Defendant: MGN Ltd
Jurisdiction
England and Wales
Judgment Date
28 March 2012
Procedural Posture
Libel Action / Interlocutory Application for Ruling on Meaning and Application for Determination Without Oral Hearing
Outcome
Application dismissed; ruling in favour of claimant on meaning; costs awarded to claimant.
Legal Topics
Libel, Meaning of Defamatory Statements, Threshold of Seriousness, Open Justice, Procedural Applications, Costs
Defamation Media Law Civil Procedure Libel Meaning of Defamatory Statements Threshold of Seriousness Open Justice Procedural Applications +1 more

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Parties

Charlotte Church

Claimant

MGN Ltd

Defendant

Procedural Posture

Libel Action / Interlocutory Application for Ruling on Meaning and Application for Determination Without Oral Hearing

Legal Issues

  1. 1 Whether the words complained of are capable of bearing the defamatory meaning attributed by the claimant
  2. 2 Whether the application for a ruling on meaning can be determined without an oral hearing under CPR Part 23.8(c)

Ratio Decidendi

The words complained of are clearly capable of bearing the meaning attributed to them by the claimant and are capable of being defamatory of her; applications for a ruling on meaning should not generally be determined without an oral hearing except in very limited cases, in accordance with the principle of open justice.

Court Disposition

Application dismissed; ruling in favour of claimant on meaning; costs awarded to claimant.

Orders

  • The words complained of are capable of bearing the meaning attributed by the claimant and are capable of being defamatory.
  • The defendant's application to have the matter determined without an oral hearing is refused.