Church v MGN Ltd (Rev 1)

Church v MGN Ltd (Rev 1)

The words complained of are clearly capable of bearing the meaning attributed to them by the claimant in her Particulars of Claim, and are capable of being defamatory of her. Applications for a ruling on meaning should normally be determined at an oral hearing in open court, not on paper, except in a very limited number of cases.

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 Whether Application Could Be Determined Without Oral Hearing
Outcome
Application for ruling on meaning dismissed; words are capable of being defamatory as pleaded. Application to determine without oral hearing refused. Costs awarded to claimant.
Legal Topics
Libel, Meaning of Defamatory Statements, Threshold of Seriousness, Open Justice, Costs, Alternative Dispute Resolution
Defamation Civil Procedure Libel Meaning of Defamatory Statements Threshold of Seriousness Open Justice Costs Alternative Dispute Resolution

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 21 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Charlotte Church

Claimant

MGN Ltd

Defendant

Procedural Posture

Libel Action / Interlocutory Application for Ruling on Meaning and Whether Application Could Be Determined Without Oral Hearing

Legal Issues

  1. 1 Whether the words complained of are capable of bearing the defamatory meaning pleaded 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 in her Particulars of Claim, and are capable of being defamatory of her. Applications for a ruling on meaning should normally be determined at an oral hearing in open court, not on paper, except in a very limited number of cases.

Court Disposition

Application for ruling on meaning dismissed; words are capable of being defamatory as pleaded. Application to determine without oral hearing refused. Costs awarded to claimant.

Orders

  • Defendant's application for a ruling that the words are not capable of being defamatory is dismissed.
  • Defendant to pay the costs of the claimant, to be assessed summarily.