McEvoy v Michael

McEvoy v Michael

The defendant is legally responsible for publication of the newsletters as he participated in the approval process, was branch chairman, and actively supported the campaign strategy; the passages complained of constitute defamatory comment imputing hypocrisy and, in some instances, dishonesty, but do not impute unlawful conduct or personal enrichment beyond robust political criticism.

Parties
Claimant: Neil McEvoy; Defendant: Michael Costas Michael
Jurisdiction
England and Wales
Judgment Date
18 March 2014
Procedural Posture
Defamation / Judgment on Preliminary Issues
Outcome
Defendant held legally responsible for publication; selected passages found to be defamatory comment; other passages not defamatory.
Legal Topics
Responsibility for Publication, Defamatory Meaning, Honest Comment, Conflict of Interest, Political Campaigning
Defamation Tort Law Responsibility for Publication Defamatory Meaning Honest Comment Conflict of Interest Political Campaigning

Case Brief

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Parties

Neil McEvoy

Claimant

Michael Costas Michael

Defendant

Procedural Posture

Defamation / Judgment on Preliminary Issues

Legal Issues

  1. 1 Whether the defendant is legally responsible for publication of the newsletters
  2. 2 Whether the passages complained of are defamatory
  3. 3 Whether the passages constitute comment or factual assertions

Ratio Decidendi

The defendant is legally responsible for publication of the newsletters as he participated in the approval process, was branch chairman, and actively supported the campaign strategy; the passages complained of constitute defamatory comment imputing hypocrisy and, in some instances, dishonesty, but do not impute unlawful conduct or personal enrichment beyond robust political criticism.

Court Disposition

Defendant held legally responsible for publication; selected passages found to be defamatory comment; other passages not defamatory.

Orders

  • Parties to agree form of order on preliminary issues and costs; if not agreed, outstanding issues to be dealt with at later hearing or in writing.
  • Time for applying for permission to appeal extended until further hearing or paper determination.